LIMPOPO ENVIRONMENTAL MANAGEMENT ACT (Act No 7 of 2003) Commencement Date: 1 May 2004
To consolidate and amend the environmental management legislation of or assigned to the Province; and to provide for matters incidental thereto.
BE IT ENACTED by the Legislature of the Limpopo Province, as follows:—
ARRANGEMENT OF ACT
CHAPTER 1 Interpretation and objectives of this Act 1.
Definitions
2.
Objectives of this Act
3.
Policy to give effect to this Act
CHAPTER 2 Environmental Advisory Bodies 4.
Establishment
5.
Composition and appointment
6.
Qualifications and disqualifications
7.
Conduct of members
8.
Termination of membership
9.
Vacancies
10.
Meetings
11.
Procedures
12.
Quorum and decisions
13.
Committees established by Environmental Advisory Bodies
14.
Remuneration and allowances
CHAPTER 3 Protected areas
Part 1: Provincial Parks 15.
Declaration of Provincial Parks
16.
Acquisition of land for Provincial Parks
17.
Management of Provincial Parks
Part 2: Sites of Ecological Importance 18.
Declaration of Sites of Ecological Importance
19.
Acquisition of land on which Sites of Ecological Importance are situated
20.
Management of Sites of Ecological Importance
Part 3: Protected Natural Environments 21.
Declaration of Protected Natural Environments
Part 4: Resource use areas 22.
Recognition of Resource use areas
Part 5: Procedures for declaration or recognition of all Protected areas 23.
Notice to be given of all declarations and recognitions
24.
Oral representations or objections
Part 6: Primary responsibility for Sites of Ecological Importance and Protected Natural Environments 25.
Responsibility for Sites of Ecological Importance and Protected Natural Environments on private land.
26.
Responsibility for Sites of Ecological Importance and Protected Natural Environments on provincial and private land
Part 7: General provisions affecting certain Protected areas 27.
Endorsement by Registrar of Deeds
28.
Mining in Protected areas
29.
Issuing of directives by MEC
30.
Regulations
CHAPTER 4 Wild and exotic animals
Part 1: Hunting and catching of wild and exotic animals 31.
Hunting of wild and exotic animals
32.
Open season to hunt game
33.
Hunting on Provincial Parks, Sites of Ecological Importance or Protected Natural Environments
34.
Transfer of hunting rights
35.
Catching of wild and exotic animals
36.
Leaving or making of openings in certain fences
37.
Picking up or removal of wild animals
38.
Prohibited acts relating to ways of hunting or catching wild or exotic animals
39.
Prohibited acts relating to firearms
Part 2: Other prohibited acts 40.
Poisoning of wild and exotic animals
41.
Prohibited acts regarding wild and exotic animals
42.
Keeping or conveyance of wild and exotic animals in certain conditions
43.
Prohibited acts relating to dead wild and exotic animals
Part 3: Powers of MEC 44.
MEC may direct that wild and exotic animals be hunted or caught
45.
Exemption of enclosed land from provisions of this Chapter
46.
Establishment of Wildlife Councils
47.
Powers of MEC
48.
Regulations
CHAPTER 5 Professional hunting 49.
Professional hunters, hunting-outfits and directors of professional hunting schools
50.
Hunting of wild and exotic animals by clients
51.
Hunting-outfitters to be holders of hunting rights
52.
Professional hunting schools
53.
Regulations
CHAPTER 6 Aquatic biota and aquatic systems 54.
Catching of fish
55.
Possession of fishnets, fish traps or similar devices
56.
Closed season for angling
57.
Protection of aquatic systems
58.
Pollution of aquatic systems
59.
Powers of MEC
60.
Regulations
CHAPTER 7 Invertebrates 61.
Prohibited acts
62.
Powers of MEC
63.
Regulations
CHAPTER 8 Indigenous plants 64.
Protection of indigenous plants
65.
Exemption of nurseries
66.
Powers of MEC
67.
Regulations
CHAPTER 9 Convention on International Trade in Endangered Species of wild fauna and flora 68.
Application of this Chapter
69.
Prohibited acts
CHAPTER 10 Preservation of caves and cave-formations 70.
Prohibited acts
71.
Entry or admission to caves
72.
Powers of MEC
73.
Regulations
CHAPTER 11 Limited development areas 74.
Declaration
75.
Notice to be given
76.
Prohibited acts
77.
Environmental impact reports
78.
Compensation for loss
79.
Regulations
CHAPTER 12 Mountain catchment areas 80.
Declaration
81.
Beacons
82.
Fire protection plans
83.
Contents of fire protection plans
84.
Notice to be given of all fire protection plans
85.
Legal status of fire protection plans
86.
Rendering of financial aid
87.
Powers of MEC
88.
Regulations
CHAPTER 13 Environmental pollution Part 1: Littering
89.
Prohibition of littering
90.
Duties of persons in charge of public places
91.
Regulations
Part 2: Waste management 92.
Regulations Part 3: Noise, vibration and shock
93.
Regulations
CHAPTER 14 Environmental officers 94.
Appointment of Environmental officers
95.
Appointment of Honorary Environmental officers
96.
Powers, functions and duties of Environmental officers and Honorary Environmental officers
CHAPTER 15 Permits, permissions, exemptions and exclusions Part 1: Permits 97.
Permits to be issued by MEC
98.
Applications for permits
Part 2: Permissions 99.
Permissions to be in writing
100.
Written permissions to be issued before act is performed
101.
Conditional permissions
Part 3: Exemptions 102.
Exemption of specific persons
103.
Process to apply for exemption
104.
Review of exemptions
Part 4: Exclusions 105.
General exclusions
106.
Process
Part 5: General provisions 107.
Expert evidence before permit or exemption is granted
108.
Permits, permissions, licences and other documents to be carried on person
CHAPTER 16 Delegations and internal appeals 109.
Delegations by MEC
110.
Delegations by HOD
111.
Appeals to MEC
CHAPTER 17 Offences, evidence, penalties and forfeitures 112.
General offences
113.
Offences relating to mountain catchment areas
114. Offences relating to Environmental Advisory Bodies, Environmental officers and other persons 115.
Offences relating to permits, permissions, exemptions and other documents
116.
Evidence
117.
Penalties
118.
Forfeitures and orders of court
CHAPTER 18 General provisions 119.
General powers of MEC
120.
Failure by municipalities to perform functions
121.
Directives to stop, curb, prevent or repair damage to environment
122.
Regulations
123.
Amendment of Schedules
124.
Provincial Government bound by this Act
125.
Limitation of liability
126.
Repeal of laws and savings
127.
Short title and commencement
SCHEDULES
Schedule 1
Protected areas
Schedule 2
Specially protected wild animals
Schedule 3
Protected wild animals
Schedule 4
Game
Schedule 5
Wild animals to which section 31(1)(f) applies
Schedule 6
Non-endemic wild animals
Schedule 7
Undesirable animals
Schedule 8
Wild animals to which section 31(1)(a) and (b) applies
Schedule 9
Prohibited aquatic growths
Schedule 10
Invertebrates to which section 61(1)(a) and (b) applies
Schedule 11
Specially protected plants
Schedule 12
Protected plants
Schedule 13
Laws repealed
CHAPTER 1 INTERPRETATION AND OBJECTIVES OF THIS ACT
Definitions 1.
In this Act, unless the context otherwise indicates — “angle” – (a)
means to catch fish by using a line and fish-hook, whether or not a rod is used; and
(b)
includes the use of a landing-net to land, or a keep-net to keep, fish caught in accordance with the method as described in paragraph (a), but excludes the use of a set-line, and “angling” has a corresponding meaning;
“aquaculture” means the managed production, either through an intervention in the breeding process, or through stocking, feeding or predator control programmes, of fish, invertebrates, amphibians, aquarium plants or other aquatic organisms, including the eggs, ova, spawn, seeds, fruits, bulbs, stems, roots or any other part or derivative of such organisms; “aquatic biota” — (a)
means any organism that depends on an aquatic environment for its survival; and
(b)
includes the carcass, egg, ova, spawn, flesh (fresh or cured), hide, tooth, bone, shell, scale, claw, nail, paw, fin, tail, ear, hair, leather, flower, seed, cone, fruit, bulb, tuber, stem, root or any other part or derivative of such organism;
“aquatic growth” — (a)
means any plant that depends on an aquatic environment for its survival; and
(b)
includes the flower, seed, cone, fruit, bulb, tuber, stem, root, or any other part or derivative of such plant;
“aquatic system” —. (a)
means any area associated with rivers, streams, vleis, sponges, creeks, lakes, pans or any other natural or man-made water impoundment; and
(b)
includes any such area whether wet or dry;
“artificial lure or spoon” means a device which, by the simulation of life or by the colour or appearance thereof; may delude or lure fish into seizing such device; “bait” in relation to a wild animal listed in Schedule 5, means any living or dead animal matter, or anything else which on account of the edibility, smell or taste thereof may lure such animal, and “bait”, as a verb, has a corresponding meaning; “biltong” means venison which has been or is being dried as a method of preservation;
“biodiversity” means the diversity of animals, plants or other organisms, including the diversity of animals, plants or other organisms found within and between(a)
ecosystems;
(b)
habitats;
(c)
the ecological complexes of which these systems and habitats are part;
(d)
species;
“catch” in relation to a wild or exotic animal, fish or invertebrate — (a)
means catch or take, or attempt to catch or take, a wild or exotic animal, fish or invertebrate alive, irrespective of the means or method used; and
(b)
includes — (i)
the search for, pursue, drive, lie in wait for, lure or poison a wild or exotic animal, fish or invertebrate with the intent to catch or take it; or
(ii)
injuring or killing of a wild or exotic animal, fish or invertebrate when attempting to catch or take it;
“cave” means a natural geologically formed void or cavity beneath the surface of the earth; cave formation” means— (a)
a wall, floor or ceiling of a cave;
(b)
a flow-stone, drapery, column, stalactite, stalagmite, anthodite, gypsum flower or needle or any other crystalline mineral formation, tufadam, breccia, clay or mud formation or a concretion thereof formed in a cave; or
(c)
any other natural matter formed in a cave;
“CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora; “client” means any person who is not a South African citizen who pays or rewards any other person for or in connection with the hunting of a wild or exotic animal; “conservancy” means an area declared a conservancy in terms of section 22; “day” means the period from half an hour before sunrise to half an hour after sunset on the same day; “director of professional hunting school” means a person who is — (a)
responsible for — (i)
the presentation of a prescribed curriculum to educate prospective professional hunters and hunting outfitters; and
(ii)
(b)
the conducting of examinations to evaluate prospective professional hunters and hunting-outfitters; and
the holder of a permit in terms of section 49(1)(c);
“endangered species” means a species is endangered when it is lacing a very high risk of extinction in the wild in the near future and includes — (a)
any living or dead specimen of such a species; or
(b)
any egg, skin, bone, feather, seed, flower or any other part or derivative of such a species;
“environment” means the surroundings within which humans exist and that are made up of— (a)
the land, water and atmosphere of the earth;
(b)
micro-organisms, plant and animal life;
(c)
any part or combination of (a) and (b) and the inter-relationships amongst and between them; and
(d)
the physical, chemical, aesthetic and cultural properties and conditions of the foregoing that influence human health and well-being;
“Environmental Management Authority” means the Provincial Department or component responsible for Environmental Management; “environmental management system” means an environmental management system which includes, but is not limited to: (a)
an environmental management policy;
(b)
organisational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing, maintaining and improving such system;
(c)
a systematic and documented verification process to objectively obtain and evaluate evidence to determine whether such management system conforms to the audit criteria set; and
(d)
communication of the results of this process.
“Environmental officer” means a person appointed in terms of section 94 (1)(a); “Environmental Impact Report” means a report referred to in section 77; “exotic animal” means — (a)
any live vertebrate, including a bird and a reptile, but excluding a fish, belonging to a species or subspecies that is not a recognized domestic species and the natural habitat of which is not in the Republic; or
(b)
the egg of such vertebrate.
“family member” in relation to an owner of land, means the parent, spouse, child, step-child, foster-child, grandchild, adopted child, son-in-law or daughter-in-law of the owner of land; “fire-belt” means any strip of land, whether under trees or not, which has been cleared of inflammable matter to prevent or control veld or forest fires or the spreading thereof; “fire protection plan” means any fire protection plan established in terms of section 82; “firewood” means the dead, dry wood of an indigenous plant that is used for domestic purposes, but does not include wood that has been cut, sawn or otherwise processed for the production of ornaments, implements or furniture; “fishing tackle” means any fishing gear, apparatus or other device or any part thereof normally used to catch fish; “game” means any living or dead wild animal referred to in Schedule 4; “HOD” means the Head of the Department responsible for Environmental Management in the Province; “Honorary Environmental Officer” means a person appointed in terms of section 95; “hunt” means hunt with the intent to kill, and includes — (a)
to search for, lie in wait for, bait, pursue, shoot at, set a snare or trap or disturb with the intent to kill wild or exotic animal; or
(b)
to dart or immobilise a wild or exotic animal by any means or method for trophy purposes; or
(c)
to collect or destroy the egg of a bird or reptile;
“hunting-outfitter” means a person who — (a)
presents or organises the hunt of a wild or exotic animal for a client ; and
(b)
is the holder of a permit in terms of section 49(l)(b);
“hunting-rights” means the right of an owner of land to hunt a wild or exotic animal on that land; “indigenous plant” (a)
means any living or dead plant which is indigenous to the Republic, whether artificially propagated or in its wild state; and
(b)
includes the flower, pollen, seed, cone, fruit, bulb, tuber, stem or root or any other part or derivative of such plant, but does not include a plant declared a weed in terms of any legislation;
“invertebrate” means any living or dead invertebrate in any stage of its life cycle, including any part or derivative of an invertebrate;
“keep” in relation to a live wild or exotic animal, means — (a)
possess or keep in captivity or custody a live wild or exotic animal;
(b)
supervise and control in any way whatsoever and by whatever means, a live wild or exotic animal in order to discourage its natural behaviour, or
(c)
restrict the movement or flight of a live wild or exotic animal;
“limited development area” means an area declared a limited development area in terms of section 74(a); “litter” means any object or matter discarded or left behind by the person in whose possession or control it was; “management authority” means an authority appointed by the MEC to control, manage, maintain and develop a protected area; “MEC” means the Member of the Executive Council of the Province who is responsible for environmental affairs in the Province; “mountain catchment area” means an area declared a mountain catchment area in terms of section 80(a); “municipality” means a municipality established in terms of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998); “natural bait” in relation to angling, means any living or dead animal or vegetable substance (excluding live fish) which on account of the edibility, smell or taste thereof is used in angling to lure fish; “night” means the period from half an hour after sunset on any day to half an hour before sunrise on the following day; “non-endemic wild animal” means a living or dead wild animal referred to in Schedule 6; “open season” means a period declared an open season in terms of section 32; “owner” in relation to land, means the person in whose name the land is registered in terms of the Deeds Registries Act, 1937 (Act No. 47 of 1937), or the Mining Titles Registration Act, 1967 (Act No. 16 of 1967), provided that the persons mentioned below must be regarded as the owner in the following cases: (a)
the trustee, in the case of land held in trust
(b)
the executor or administrator, in the case of land in a deceased estate;
(c)
the trustee or liquidator, in the case of land in an insolvent estate or in liquidation;
(d)
the judicial manager, in the case of land under judicial management;
(e)
the curator, in the case of land under curatorship;
(f)
the usufructuary or fiduciary, in the case of a land that is subject to a usufruct or a fidei-commission,;
(g)
the lessee, in the case of land that is subject to — (i)
a lease registered in terms of applicable legislation;
(ii)
a lease for a period of not less than ten years or for the natural life of either the lessee or another person mentioned in the lease; or
(iii) a lease that is renewable from time to time by the lessee indefinitely or for periods which together with the first period amount to not less than ten years; (h)
the nominee of an association, in the case of land owned by an association of persons, whether corporate or not, or if no such nomination was made, the chairperson or the last known chairperson of such association or the person to whom the control of the land has been entrusted;
(i)
the relevant authority, in the case of a public area or the road reserve of any public road;
(j)
the holder of a tenure right, in the case of land that has been allotted in terms of legislation on land tenure or settlement; or
(k)
the relevant traditional authority or wildlife authority, in the case of communal land under the jurisdiction of a traditional authority or wildlife authority;
“permit” includes any licence, document or certificate issued in terms o1 or referred to in this Act; “pick” includes to gather, cut off, chop off, uproot, damage or to destroy wholly or partially, or any similar action; “poison” includes any poison, preparation or chemical used to catch, immobilize, sterilize, kill or physically harm a wild or exotic animal, invertebrate or aquatic biota; “prescribe” means prescribe by regulation in terms of section 122; “professional hunter” means a person who — (a)
supervises, offers to or agrees to supervise a client for reward in connection with the hunting of a wild or exotic animal; and
(b)
is the holder of a permit in terms of section 49(l)(a);
“protected area” means— (a)
a provincial park;
(b)
a Site of Ecological Importance;
(c)
a protected natural environment; or
(d)
resource use area;
“protected natural environment” means an area declared a Protected Natural Environment in terms of section 21(l)(a); “protected plant” means a plant referred to in Schedule 12; “protected wild animal” means a living or dead wild animal referred to in Schedule 3; “Province” means the Limpopo Province; “Provincial Park” means an area declared a Provincial Park in terms of section 15(l)(a); “public road” means a road, road reserve, outspan, resting place or watering place to which the public has a right of access; “rare species” means a species of fauna and flora referred to in section 68(a)(ii), and includes — (a)
any living or dead specimen of such a species; or
(c)
any egg, skin, bone, feather, seed, flower or any other part or derivative of such a species;
“reserved area” means (a)
land reserved by the MEC in terms of section 119(l)(b) for the purposes of(i)
the Environmental Management Authority; or
(ii)
the conservation of any particular — (as) (bb) (cc) (dd) (ee) (ff)
species of wild animal; aquatic system species of aqua biota; species of invertebrate; species of specially protected plant or protected plant; cave;
(iii) the establishment, extension or improvement of any aquaculture; or (b)
an area referred to in paragraph (b) of Schedule 10;
“Resource use area” means – (a)
conservancy; or
(b)
similar ecologically sensitive area that require collaborative management practises to sustain natural processes;
“seedling” in relation to the genus Encephalartos, means a plant of which the diameter of the trunk or bulb, either above or below the ground, does not exceed 150mm, and 70mm in the case of E. caffer, E. cerinus, E. cupidus, E. humilis, E. ngoyanus and E. numbimontanus;
“sell” means give or offer at a price, barter, or offer or display for sale, and “buy” must be construed accordingly; “species” means any species, sub-species, or geographically separate population thereof, “set-line” means a line and fish-hook which, when used for catching fish, is not under the direct charge of any person but is fastened to anything, but excludes a line and fish-hook fixed to a reel or rod lying loose on the ground or resting on a fork or a stand; “Site of Ecological Importance” means an area declared a Site of Ecological Importance in terms of section 18(l)(a); “specially protected wild animal” means a living or dead wild animal, referred to in Schedule 2; “specially protected plant” means a plant referred to in Schedule 11; “taxidermist”(a)
means a person that, as a profession, prepares and mounts a skin, horn or any other derivative of a wild or exotic animal with lifelike effect; and
(b)
includes the dipping and packing of any skin, horn or any similar derivative of a wild or exotic animal for the purpose of exporting either directly or indirectly to a client; and
“taxidermy” has a corresponding meaning; “this Act” includes — (a)
a Schedule to the Act;
(b)
a regulation made in terms of section 122; and
(c)
a notice published in terms of section 3, 15, 18, 21, 22, 29, 32, 46, 56, 57(l)(c) or (2), 71, 74, 80, 82, 105 and 123;
“undesirable animal” means an animal referred to in Schedule 7; “vessel” means any means of transportation, whether on land, in or on water or through the air, “weapon” means — (a)
a firearm;
(b)
the ammunition for a firearm;
(c)
any other weapon or implement with which a projectile can be so propelled that it can kill, injure or immobilize a wild or exotic animal;
(d)
any projectile for use in connection with such other weapon or implement; or
(e)
any chemical or preparation for use in connection with such projectile;
“wild animal” means — (a)
a specially protected wild animal;
(b)
a protected wild animal;
(c)
game;
(d)
a non-endemic wild animal;
(e)
any other vertebrate, including a bird and a reptile, but excluding a fish, belonging to a species which is not a recognised domestic species and the natural habitat of which is either temporarily or permanently in the Republic; or
(f)
the carcass, egg, flesh, (fresh or cured), biltong, hide, thong, tooth, tusk, bone, horn, shell, scale, claw, nail, hoof, paw, tail, ear, hair, feather or any other part or derivative of any of the animals mentioned in paragraphs (a) to (e); and
“wildlife trans-locator” means a person who catches or moves a wild or exotic animal from one place to another as a profession. Objectives of this Act 2.
(1)
(2)
The objectives of this Act are — (a)
to manage and protect the environment in the Province;
(b)
to secure ecologically sustainable development and responsible use of natural resources in the Province;
(c)
generally to contribute to the progressive realisation of the fundamental rights contained in section 24 of the Constitution of the Republic of South Africa Act, 1996 (Act No. 108 of 1996); and
(d)
to give effect to international agreements effecting environmental management which are binding on the Province.
This Act must be interpreted and applied in accordance with the national environmental management principles set out in Section 2 of the National Environmental Management Act, 1998 (Act No. 107 of 1998).
Policy to give effect to this Act 3.
(1)
The MEC may by notice in the Provincial Gazette — (a)
determine a policy relating to any matter necessary or expedient to give effect to the provisions of this Act;
(b)
amend the policy determined in terms of paragraph (a); and
(c)
ensure that policy made by National Government in relation to environmental management, is complied with.
(2)
A policy determined in terms of subsection (1) binds all provincial departments and other provincial organs of state specified in the notice.
CHAPTER 2 ENVIRONMENTAL ADVISORY BODIES Establishment 4.
(1)
The MEC may by notice in the Provincial Gazette establish one or more Environmental Advisory Bodies for the Province.
(2)
The functions and powers of an Environmental Advisory Body are as prescribed.
Composition and appointment 5.
(2)
(3)
(1)
The MEC must— (a)
determine the composition of an Environmental Advisory Body;
(b)
appoint the members of the Environmental Advisory Body in accordance with subsection (2) for a prescribed term; and
(c)
appoint one of the members as the chairperson of the Environmental Advisory Body.
When necessary the MEC must— (a)
by notice in the Provincial Gazette and in at least one newspaper distributed in the Province, invite interested parties to nominate within a period specified in the notice, persons for appointment to an Environmental Advisory Body;
(b)
draw up a list of persons nominated; and
(c)
appoint from the list, persons who comply with section 6.
When making appointments, the MEC must (a)
ensure that the body collectively possesses sufficient knowledge and experience concerning issues relevant to the functions of the Environmental Advisory Body; and
(b)
take into account the need for representivity in the Environmental Advisory Body.
Qualifications and disqualifications 6.
(1)
A member of an Environmental Advisory Body must be a fit and proper person to hold office as a member of the Environmental Advisory Body.
(2)
The following persons are ineligible for appointment as members of a Environmental Advisory Body-
(a)
unrehabilitated insolvents;
(b)
persons who have been found guilty of a crime involving dishonesty;
(c)
persons who have been removed from an office of trust by a competent court or after a proper disciplinary procedure;
(d)
persons who have been sentenced to a term of imprisonment without the option of a fine; or
(e)
persons who have been declared unable to conduct their own affairs by a competent court.
Conduct of members 7.
(2)
(1)
A member of an Environmental Advisory Body— (a)
must perform the functions of office in good faith and without flavour or prejudice;
(b)
must disclose to the Environmental Advisory Body any personal or private business interest that that member or any spouse, partner or close family member may have in any matter before the Environmental Advisory Body, and must withdraw from the proceedings of the Environmental Advisory Body when that matter is considered, unless the Environmental Advisory Body decides that the member’s interest in the matter is trivial or irrelevant;
(c)
may not use the position or privileges of a member for private gain or to improperly benefit another person; and
(d)
may not act in any other way that compromises the credibility or integrity of the Environmental Advisory Body.
A member who contravenes or fails to comply with subsection (1) is guilty of misconduct.
Termination of membership 8.
(1)
A person ceases to be a member of an Environmental Advisory Body when that person – (a)
is no longer eligible in terms of section 6 to be a member;
(b)
resigns; or
(c)
is removed from office in terms of subsection (3).
(2)
A member may resign by giving at least three month’s written notice to the MEC, but the MEC may accept a shorter notice period in a specific case.
(3)
The MEC may remove a member from office on the ground of misconduct, incompetence or incapacity, or on any other reasonable ground.
Vacancies 9.
(1)
When the office of a member of an Environmental Advisory Body becomes vacant, the MEC may, subject to section 6, appoint any person to fill the vacancy.
(2)
A person appointed to fill a vacancy holds office for the unexpired portion of the vacating member’s term.
Meetings 10.
(1)
The chairperson of an Environmental Advisory Body decides when and where the Environmental Advisory Body meets, but a majority of the members may request the chairperson in writing, to convene a meeting at a time and place set out in the request.
(2)
The chairperson presides at meetings of the Environmental Advisory Body but if the chairperson is absent from a meeting, the members present must elect another member to preside at the meeting.
Procedures 11.
An Environmental Advisory Body may determine its own procedures, subject to section 12.
Quorum and decisions 12.
(1)
A majority of all the members of an Environmental Advisory Body constitutes a quorum for a meeting of the Environmental Advisory Body.
(2)
A matter before the Environmental Advisory Body is decided by the votes of a majority of the members present at the meeting.
(3)
If on any matter before the Environmental Advisory Body there is an equality of votes, the member presiding at the meeting must exercise a casting vote in addition to That member’s vote as a member.
Committees established by Environmental Advisory Bodies 13.
(1)
An Environmental Advisory Body may establish one or more committees to advise it on any matter within the functions of the Environmental Advisory Body.
(2)
The Environmental Advisory Body establishing a Committee must determine – (a)
the mandate of the committee;
(b)
the composition of the committee, which may include persons who are not members of the Environmental Advisory Body;
(c)
the operating procedure of the committee, including —
(d)
(i)
the quorum for a meeting of the committee; and
(ii)
the manner in which decisions must be taken;
the term of office of the members of the committee;
(3)
(4)
(e)
who presides at meetings of the committee;
(f)
the manner in which vacancies may be filled; and
(g)
any other matter in connection with the committee that the Environmental Advisory Body may regard necessary.
When appointing persons as members of a Committee, the Environmental Advisory Body must – (a)
ensure that the persons appointed are fit and proper to hold office as members of the Committee, and for this purpose section 6 also applies to Committee members; and
(b)
take into account the need for representivity in the Committee.
Sections 7 and 8(3) also apply to members of a Committee, and in such application a reference in those sections to an Environmental Advisory Body must be read as a reference to a Committee.
Remuneration and allowances 14.
(1)
The MEC may from time to time determine the remuneration, travelling and subsistence allowances and other allowances payable to a member of an Environmental Advisory Body or a Committee, if that member is not an officer or employee in the Public Service.
(2)
The remuneration and allowances determined in terms of subsection (1) must — (a)
be in accordance with any applicable treasury norms and standards in terms of the Public Finance Management Act, 1999 (Act No.1 of 1999); and
(b)
be paid from moneys appropriated by the Provincial Legislature for that purpose.
CHAPTER 3 PROTECTED AREAS
Part 1 Provincial Parks
Declaration of Provincial Parks 15.
(1)
The MEC may by notice in the Provincial Gazette — (a)
declare an area specified m the notice as a Provincial Park, taking into account the criteria set out in item 1 of Schedule 1;
(b)
assign a name to the Provincial Park so declared;
(2)
(3)
(c)
amend the size or composition of a Provincial Park; or
(d)
withdraw the declaration of a Provincial Park.
The MEC— (a)
may publish a notice in terms of subsection (1) only with the approval of the Executive Council; and
(b)
must table as soon as practicable every notice published in terms of subsection (1) in the Provincial Legislature.
Part 5 of this Chapter must be complied with before a notice is published in terms of subsection (1).
Acquisition of land for Provincial Parks 16.
(1)
(2)
The MEC may, with the approval of the Executive Council, acquire land or any right in or to land for the purposes of a Provincial Park by — (a)
purchasing the land;
(b)
exchanging the land for provincial land situated outside a Provincial Park or
(c)
expropriating the land if no agreement can be reached with the owner.
The Expropriation Act, 1975 (Act No. 63 of 1975), applies with respect to any acquisition of land or right in or to land in terms of subsection (1)(c).
Management of Provincial Parks 17.
(1)
The MEC may by notice in the Provincial Gazette— (a)
where the Environmental Management Authority is not the executing agent, appoint a competent natural or juristic person to be the Management Authority to control, manage, maintain and develop environmental issues within a Provincial Park;
(b)
disclose the powers and duties of the Management Authority of a Provincial Park;
(c)
provide a management framework, norms and standards for(i)
biodiversity management and conservation in a Provincial Park;
(ii)
sustainable use of biological resources in a Provincial Park;
(iii) environmental education and community development in and adjacent to a Provincial Park; (iv) ecotourism in a Provincial Park;
(v)
(2)
commercial activities in a Provincial Park, including any activities resulting in the consumptive use of species or aimed at raising revenue.
The Management Authority shall be obliged(a)
to control, manage, maintain and develop environmental issues within a Provincial Park in accordance with this Act, any regulations made under this Act and any other environmental legislation;
(b)
to employ an appropriate environmental management system agreed to by the MEC to – (i)
set measurable targets for fulfilling their obligation as referred to in paragraph (a), including dates for the achievement of such targets; and
(ii)
provide for(aa) periodic monitoring and reporting of performance against targets; (bb) independent verification of reports; (cc) regular independent monitoring and inspections; (dd) verifiable indicators of compliance with any targets, norms and standards laid down in subsection(1)(b) as well as any obligations required by law; and (ee) measures to be taken in the event of non-compliance and improvement on the standards laid down for the protection of the environment.
(3)
(4)
The MEC(a)
may publish a notice in terms of subsection (1) only with the approval of the Executive Council; and
(b)
must table as soon as practicable every notice published in terms of subsection (1) in the Provincial Legislature.
The Environmental Management Authority or Management Authority appointed in terms of this Chapter may, subject to the provisions of environmental legislation, within a Provincial Park— (a)
undertake any development necessary for the control, management or maintenance of environmental issues within the Provincial Park;
(b)
take steps to ensure the security, protection and conservation of animal and plant life in their natural state;
(c)
manage breeding programmes;
(d)
provide accommodation for visitors and facilities in connection therewith;
(e)
provide meals and refreshments for visitors and staff;
(5)
(f)
carry on any business or trade or provide other services for the convenience of visitors or staff;
(g)
establish, erect, equip and maintain any building, structure, depot or premises that may be required for the purposes of this section and let any such building or premises to a member of the public or the staff;
(h)
determine and collect 1~es for any service referred to in paragraph (d), (e) or (1);
(i)
authorise any person to provide, subject to such conditions and the payment of such fees as it may deem fit, any service in terms of paragraph (d),(e) and (17); and
(j)
perform any other functions which are necessary to control, manage and maintain environmental issues within a Provincial Park.
Only the Environmental Management Authority may(a)
sell, exchange or donate animals and plants found in any Provincial Park; or
(b)
acquire any animal or plant which the Environment Management Authority may consider desirable to introduce into any Provincial Park. Part 2 Sites of Ecological Importance
Declaration of Sites of Ecological Importance 18.
(1)
(2)
The MEC may by notice in the Provincial Gazette — (a)
declare an area specified in the notice as a Site of Ecological Importance, taking into account the criteria set out in item 2 of Schedule 1;
(b)
assign a name to the Site of Ecological Importance so declared;
(c)
amend the size or composition of the Site of Ecological Importance; or
(d)
withdraw the declaration of a Site of Ecological Importance.
If a site referred to in subsection (1) — (a)
(b)
is situated on land which is owned by the Provincial Government — (i)
the site may only be declared with the approval of the Executive Council; and
(ii)
the notice containing the declaration must be tabled in the Provincial Legislature as soon as is practicable; or
is situated wholly or partia1ly on privately owned land the site may only be declared with the concurrence of the private owner.
(3)
Part 5 of this Chapter must be complied with before a notice is published in terms of subsection (1).
Acquisition of land on which Sites of Ecological Importance are situated 19.
(1)
(2)
The MEC may, with the approval of the Executive Council, acquire private land or any right in or to private land on which a Site of Ecological Importance has been or is proposed to be declared by — (a)
purchasing the land;
(b)
exchanging the land for provincial land; or
(c)
expropriating the land, if no agreement can be reached with the owner.
The Expropriation Act, 1975 (Act No. 63 of 1975), applies with respect to any acquisition of land or right in or to land in terms of subsection (1)(c).
Management of Sites of Ecological Importance 20.
(1)
The MEC may by notice in the Provincial Gazette — (a)
where the Environmental Management Authority is not the executing agent, appoint a competent natural or juristic person to be the Management Authority to control, manage, maintain and develop a Site of Ecological Importance;
(b)
disclose the powers and duties of the Management Authority of a Site of Ecological Importance;
(c)
provide a management framework, norms and standards for(i)
biodiversity management and conservation in a Site of Ecological Importance;
(ii)
sustainable use of biological resources in a Site of Ecological Importance;
(iii) environmental education and community development in and adjacent to a Site of Ecological Importance; (iv) ecotourism in a Site of Ecological Importance; and (v)
(2)
commercial activities in a Site of Ecological Importance, including any activities resulting in the consumptive use of species or aimed at raising revenue.
The Environmental Management Authority may subject to the provisions of legislation, within a Site of Ecological Importance — (a)
undertake any development necessary for the control, management or maintenance of the site;
(b)
take steps to ensure the security, protection and conservation of animal and plant life in their natural state;
(3)
(4)
(c)
perform any other functions which are necessary to control, manage and maintain a Site of Ecological Importance;
(d)
sell, exchange or donate animals and plants found in any Site of Ecological Importance; or
(e)
acquire any animal or plant which the Environmental Management Authority may consider desirable to introduce into any Site of Ecological Importance.
The Environmental Management Authority or the Management Authority may subject to the provisions of the environmental legislation, within a Site of Ecological Importance – (a)
provide accommodation for visitors and staff and facilities in connection therewith;
(b)
provide meals and refreshments for visitors and staff;
(c)
carry on any business or trade or provide other services for the convenience of visitors and staff;
(d)
establish, erect, equip and maintain any building, structure, depot or premises that may be required for the purposes of this section and let any such building or premises to a member of the public or staff;
(e)
determine and collect fees for any service referred to in paragraphs (a), (b) or(c);
(f)
authorise any person to provide, subject to such conditions and the payment of such fees as it may deem fit, any service in terms of paragraphs (a),(b) or (c).
The provisions of Section 17(2) shall apply to a Site of Ecological Importance managed by a Management Authority. Part 3 Protected Natural Environments
Declaration of Protected Natural Environments 21.
(1)
(2)
The MEC may by notice in the Provincial Gazette — (a)
declare an area specified in the notice as a Protected Natural Environment, taking into account the criteria set out in item 3 of Schedule 1;
(b)
assign a name to the Protected Natural Environment so declared;
(c)
amend the size or composition of the Protected Natural Environment; or
(d)
withdraw the declaration of a Protected Natural Environment.
The MEC may declare a Protected Natural Environment— (a)
on privately owned land only on written application by the owner;
(3)
(b)
on land owned by the state and land owned by a private owner, only on written application by both the authority managing the state land and the private owner; and
(c)
on state land, only on written application by the authority managing the state land.
Part 5 of this Chapter must be complied with before a notice is published in terms of subsection (1). Part 4 Resource use areas
Recognition of Resource use areas 22.
(1)
(2)
The MEC may, by notice in the Provincial Gazette — (a)
recognise an area specified in the notice as a Resource use area, taking into account the criteria set out in item 4 of Schedule 1;
(b)
amend the size or composition of a Resource use area; or
(c)
withdraw the recognition of a Resource use area.
Part 5 of this Chapter must be complied with before a notice is published in terms of subsection (1). Part 5 Procedures for declaration or recognition of all protected areas
Notice to be given of all declarations and recognition 23.
(1)
(2)
Before an area is declared or recognition a Provincial Park, a Site of Ecological Importance, a Protected Natural Environment or a Resource use area, the MEC must — (a)
give notice in the Provincial Gazette and in at least one newspaper circulating in the Province of the intention to declare or recognition the area; and
(b)
send a copy of the notice by registered post to the last known postal address of every owner whose land will directly be affected by the declaration or recognition.
The notice must — (a)
invite members of the public to submit to the MEC written representations on or objections to the proposed declaration or recognition within 30 days from the date of publication of the notice; and
(b)
(3)
contain sufficient information to enable members of the public to submit meaningful representations or objections, and must include a clear indication of the area that will be affected.
The MEC must give due consideration to all representations or objections received before declaring or recognition an area a Provincial Park, a Site of Ecological Importance, a Protected Natural Environment or a Resource use area.
Oral representations or objections 24.
The MEC may in appropriate circumstances allow any interested person to present oral representations or objections to the MEC or to a person designated by the MEC. Part 6
Primary responsibility for Sites of Ecological Importance and Protected Natural Environments Responsibility for Sites of Ecological Importance and Protected Natural Environments on private land 25.
(1)
If a Site of Ecological Importance or a Protected Natural Environment is declared on private land, the owner of the land is responsible for the management, control and maintenance of that land.
(2)
Such management shall be guided by integrated environmental management practices which may include(a)
a management plan fur biodiversity management and conservation in the Protected Natural Environment;
(b)
an undertaking by the owner concerned, to improve on the standards stipulated by the law for the protection of the environment which are applicable to the declaration of an area as a Protected Natural Environment;
(c)
a set of measurable targets for fulfilling the undertaking in paragraph (b);
(d)
provision for – (i)
periodic monitoring and reporting of performance against targets;
(ii)
independent verification of reports;
(iii) regular independent monitoring and inspections; and (iv) verifiable indicators of compliance with any targets, norms and standards adopted; (e)
(3)
measures to be taken in the event of non-compliance and improvement on the standards stipulated for the protection of the environment.
The MEC may consider the granting of incentives to an owner to promote responsible integrated environmental management on land declared a Protected Natural Environment.
Responsibility for Sites of Ecological Importance and Protected Natural Environments on provincial land and private land 26.
(1)
If a Site of Ecological Importance or a Protected Natural Environment extends on land owned or administered by the Province and on private land, the Province and the private owner are jointly responsible for, and the financing of, the management, control and maintenance of the land in accordance with an agreement to be concluded between the MEC and the private land owner.
(2)
Such agreement must be in writing and may include conditions for the establishment of a body corporate, a management committee, a company or a trust, to be controlled and administered as the parties may agree.
(3)
The MEC must publish the agreement in the Provincial Gazette.
(4)
An agreement published in terms of subsection (3) is binding on the successors in title of the private landowner unless the contrary is expressly agreed upon and provided for in the agreement.
(5)
If the private landowner cannot readily be located, the MEC is responsible for the management, control and maintenance of the land.
(6)
The MEC, acting with the concurrence of Member of the Executive Council responsible for finance in the Province, may from funds appropriated by the Provincial Legislature render financial assistance in connection with the management, control and maintenance of the land. Part 7 General provisions affecting certain Protected Areas
Endorsement by Registrar of Deeds 27.
(1)
The MEC must in writing notify the Registrar of Deeds whenever an area has been declared a Provincial Park, a Site of Ecological Importance, a Protected Natural Environment, or a Resource use area, or in respect of which a declaration has been amended or withdrawn.
(2)
On receipt of the notification, the Registrar of Deeds must make an endorsement against the title deed of each affected piece of land reflecting the declaration or the amendment or withdrawal of the declaration.
Mining in Protected Areas – 28.
(1)
(2)
No person may conduct prospecting, mining or related operations — (a)
within a Provincial Park, a Protected Natural Environment, or a Resource use area, except with the approval of the Executive Council; or
(b)
on a Site of Ecological Importance.
Before a person applies to the Executive Council for its approval in terms of subsection (1)(a), that person must —
(3)
(4)
(5)
(a)
give notice in the Provincial Gazette and in at least one newspaper distributed provincially of that person’s intention to conduct prospecting, mining or related operations within a Provincial Park, a Protected Natural Environment or a Resource use area; and
(b)
send a copy of the notice by registered post to the last known postal address of every owner whose land will directly be affected by the proposed operations.
The notice must — (a)
invite members of the public to submit to the Executive Council written representations on or objections to the proposed operations within 30 days from the date of publication of the notice; and
(b)
contain sufficient information to enable members of the public to submit meaningful representations or objections, and must include a clear indication of the area that will be affected.
The Executive Council — (a)
must give due consideration to all representations or objections submitted to it before granting or refusing its approval; and
(b)
if it grants the application, may grant its approval subject to conditions.
The MEC must as soon as practicable — (a)
publish details of the approval in the Provincial Gazette and in at least one newspaper distributed provincially; and
(b)
table any approval granted in terms of subsection (4) in the Provincial Legislature.
Issuing of directives by MEC 29.
(1)
(2)
The MEC may by notice in the Provincial Gazette — (a)
issue directives in respect of a Protected Area in order to achieve the objectives of this Chapter, including directives relating to the preservation or use of water in the area; or
(b)
amend or repeal any directives issued in terms of paragraph (a).
Before publishing any notice in terms of subsection (1) the MEC must— (a)
publish the draft directives in the Provincial Gazette for public comment;
(b)
send a copy of the draft directives by registered post to the last known postal address of every owner whose land will directly be affected by the directives; and
(c)
obtain the concurrence of each member of the Executive Council charged with the administration of legislation which relates to a matter that will be affected by the directives.
(3)
The MEC must in writing notify the Registrar of Deeds whenever directives have been issued in respect of a Protected Area.
(4)
On receipt of the notification the Registrar of Deeds must make an endorsement against the title deed of each affected piece of land, reflecting the fact that directives in terms of this section have been issued.
Regulations 30.
The MEC may make regulations in terms of section 122 relating to ~any matter that may be necessary to facilitate the effective implementation of this Chapter.
CHAPTER 4 WILD AND EXOTIC ANIMALS
Part 1 Hunting and catching of wild and exotic animals
Hunting of Wild and Exotic animals 31.
(1)
No person may without a permit hunt— (a)
specially protected wild animals;
(b)
protected wild animals;
(c)
game;
(d)
specially protected wild animals, protected wild animals, game and non-endemic wild animals during the night;
(e)
in a Provincial Park, a Site of Ecological Importance or a Protected Natural Environment; or
(f)
a wild animal referred to in Schedule 5 which — (i)
is under the influence of a tranquillising, narcotic, immobilising or similar agent;
(ii)
has been lured by — (aa) a simulation or recording of the natural sound made by an animal; (bb) an imitating sound made by a human; or (cc) bait;
(iii) has been confined to a cage; or (iv) has been confined to an enclosure, the size of which must be prescribed, from which it cannot readily escape. (2)
The provisions of— (a)
subsection (l)(a),(b),(c) and (d) do not apply to a professional hunter supervising a client during lawful hunting; and
(b)
subsection (l)(c) does not apply to — (i)
the owner of land who hunts game on the owner’s land at any time during the day while such game is damaging cultivated trees or crops;
(ii)
an owner of land who hunts game during an open season on the owner’s land; or
(iii) a family member of an owner of land who, during an open season, hunts game on the owner’s land with the written permission of the owner. (3)
No person may hunt a wild or exotic animal on land of which that person is not the owner, except with the written permission of the owner of the land.
(4)
For the purposes of this section “hunt” includes — (a)
the construction of a pitfall, trap-cage, capture boma or holding pen; and
(b)
the possession, erection or handling of any snare, trap, gin, net, bird-lime, bow and arrow, set-gun, poison or similar device, means or method, on any land on which any wild or exotic animal is found or is likely to be found.
Open season to hunt game 32.
(1)
The MEC may, by notice in the Provincial Gazette, declare a period of the year to be an open season for hunting purposes.
(2)
A notice published in terms of subsection (1) must specify — (a)
the persons or category of persons that may hunt during the open season;
(b)
the species and sex, or the other categories, of game that may be hunted during the open season; and
(c)
the area or category of areas in which hunting is allowed during the open season.
Hunting on Provincial Parks , Sites of Ecological Importance or Protected Natural Environments 33.
The owner of land on which a Provincial Park, a Site of Ecological Importance or a Protected Natural Environment has been declared and who is the holder of a permit to hunt on such land, may not allow any person to hunt on that land —
(a)
except during an open season; and
(b)
provided such person — (i)
is the holder of a permit; and
(ii)
has obtained the written permission of the owner.
Transfer of hunting-rights 34.
(1)
An owner of land may in writing transfer any hunting-rights to which that owner is entitled, to any other person.
(2)
A person to whom hunting-rights have been transferred in terms of subsection (1) may not exercise those rights without a permit.
(3)
An owner of land who transfers hunting-rights to a hunting outfitter, may not withdraw those hunting rights without notifying the hunting outfitter concerned, in writing, 60 days before the withdrawal takes effect.
Catching of Wild and Exotic animals 35.
(1)
No person may without a permit operate as a wildlife trans-locator.
(2)
Subsection (1) does not apply to the owner of land who catches specially protected wild animals, protected wild animals, game and non-endemic wild animals on his or her own land.
(3)
No person may without a permit catch specially protected wild animals, protected wild animals, game and non-endemic wild animals.
(4)
Subsection (3) does not apply to any person assisting the holder of a permit on the instruction of the permit holder.
(5)
No person may catch a wild or exotic animal on land of which that person is not the owner, except with the written permission of the owner of the land.
(6)
For the purposes of this section “catch” includes — (a)
the construction of a pitfall, trap-cage, capture boma or holding pen; or
(b)
the possession, erection or handling of any snare, trap, gin, net, bird-lime, bow and arrow, poison or similar device, means or method, on any land on which any wild or exotic animal is found or is likely to be found.
Leaving or making of openings in certain fences 36.
No person may without a permit, on land upon which wild animals found or likely to be found and which is fenced in such a manner that such wild animals cannot readily escape, make an opening in the fence so designed that wild animals entering the land through the opening, cannot easily find the opening to escape.
Picking up or removal of wild animals 37.
(1)
No person may pick up or remove a wild animal which has not been hunted or caught lawfully or which has been killed or caught, or apparently killed or caught by an animal or bird of prey, unless such person has obtain the written permission of the owner of the land on which such wild animal was found beforehand or, where the owner of not available, of the office of the environmental officer or the official in charge of the police station nearest to the land on which the wild animal was found.
(2)
For the purpose of subsection (1) “land” includes a public road.
Prohibited acts relating to ways of hunting or catching wild or exotic animals 38.
(1)
No person may without a permit — (a)
hunt specially protected wild animals, protected wild animals, game or nonendemic animals with — (i)
a fire-arm which after it has been discharged, automatically reloads and fires when the trigger is pulled or held in a discharged position;
(ii)
a firearm which discharges a rim-fire cartridge of a calibre of 5,6 millimetres or smaller;
(iii) a shotgun; or (iv) an air-gun; or (b)
hunt or catch a wild or exotic animal with or by using — (i)
a snare, trap, gin, net, bird-lime, pitfall capture boma, holding pen, trap cage or similar device, means or method;
(ii)
a bow and arrow or similar weapon discharging an arrow
(iii) a set gun or similar device; (iv) a dog; or (v) (2)
an aircraft.
The provisions of— (a)
subsection (l)(a) do not apply to the owner of land, or a family member of the owner acting with the owner’s written permission, who hunts protected wild animals, game or non-endemic wild animals with any firearm on the owner’s land;
(b)
subsection (l)(a)(ii) and (iii) do not apply to any person who hunts a hare or a bird;
(c)
subsection (l)(b)(i) do not apply to the owner of land, or a family member of the owner acting with the owner’s written permission, who hunts or catches on the owner’s land a wild animal which is not a specially protected wild animal, a
protected wild animal, game or a non-endemic wild animal by means of a trap cage placed in the immediate vicinity of a carcass of an animal which it apparently has killed; and (d)
subsection (1 )(b)(iv) does not apply where a dog is used — (i)
in the lawful hunting of a bird;
(ii)
in the pursuit of a wild or exotic animal which has been wounded during lawful hunting; or
(iii) in the lawful hunting of mammals referred to in Schedule 8. Prohibited acts relating to firearms 39.
(1)
No person whilst being in possession of a firearm may enter or be on land where wild or exotic animals are found or likely to be found unless that person — (a)
has the written permission of the owner of that land; or
(b)
has a lawful reason.
(2)
For the purpose of subsection (1) “land” does not include a public road.
(3)
No person may convey a firearm on a public road traversing land on which wild or exotic animals are found or likely to be found unless the firearm is unloaded and secured in a gun bag, gun case or gun holder designed for that purpose.
(4)
Subsection (3) does not apply to a person who conveys a handgun with a barrel no longer than 102 millimetres on a road traversing land on which wild or exotic animals are found or likely to be found. Part 2 Other prohibited acts
Poisoning of wild and exotic animals 40.
(1)
No person may without a permit poison any wild or exotic animal.
(2)
Subsection (1) does not apply to any person poisoning a wild or exotic animal with poison, which in terms of applicable legislation has been registered for the purpose of poisoning the species of wild or exotic animal to which that animal belongs.
Prohibited acts regarding wild and exotic animals 41.
(1)
No person may without a permit — (a)
acquire, possess, convey, keep, sell, purchase, donate or receive as a gift, any specially protected wild animal, protected wild animal, game, non-endemic wild animal or animals referred to in Schedules 7 or 8;
(b)
import into or export from the Province or convey or set free a live wild or exotic animal referred to in Schedules 7 or 8; or
(c)
establish or operate a wild animal park, bird park, reptile park, zoological garden, similar institution or commercial enterprise.
(2)
No person may without a permit in terms of this Act or other document prescribed by other relevant legislation, convey any live wild or exotic animal through the Province.
(3)
Subsection (2) does not apply to a person conveying through the Province an animal belonging to a species, which is a recognised domestic species or pet, or a bird excluded in paragraph (b) of Schedule 8.
Keeping or conveyance of wild and exotic animals in certain conditions 42.
(1)
(2)
No person may keep or convey a wild or exotic animal in conditions — (a)
which are unhygienic; or
(b)
in which the animal — (i)
may be injured or otherwise impaired; or
(ii)
suffer unnecessarily.
An Environmental Officer may (a)
in writing instruct a person who keeps or conveys a wild or exotic animal in contravention of subsection (1), or other person who has physical control of the animal, to rectify the matter immediately or within a reasonable period;
(b)
issue instructions to that or such other person concerning the manner in which the animal must be kept, conveyed or otherwise treated;
(c)
remove the animal from the custody of that or such other person without compensation if it is necessary to prevent injury, impairment, suffering or death of the animal; or
(d)
keep, treat or release in a suitable environment an animal removed from the custody of a person in terms of paragraph (c).
Prohibited acts relating to dead wild and exotic animals 43.
(1)
No person may without a permit — (a)
sell any dead specially protected wild animal, protected wild animal, game or non-endemic wild animal; or
(b)
sell biltong or sausage made from venison unless the packaging of such biltong or sausage indicates — (i)
that the contents is biltong or sausage made from venison; and
(ii)
the name, business address, telephone and permit numbers of the person who packaged the biltong or sausage.
(2)
(3)
No person may — (a)
acquire, possess, convey, convey through the Province, purchase, donate or receive as a gift, import into, export or remove from the Province, any dead wild or exotic animal unless it was hunted lawfully or otherwise acquired lawfully; or
(b)
in any manner referred to in subsection (a) handle a dead wild animal without the required documentation.
The provisions of— (a)
subsection (l)(a) do not apply to the owner of land who sells the meat including biltong or sausage made from that meat or carcasses of specially protected wild animals, protected wild animals, game or non-endemic wild animals hunted lawfully in terms of this Act on the owner’s land; and
(b)
subsection (2Xa) does not apply to — (i)
an owner of land who acquires, possesses, conveys, imports, exports or removes from the Province, dead wild or exotic animals, game or nonendemic wild animal which were lawfully hunted on the land of that owner, if such owner can produce documentary proof indicating such ownership; or
(ii)
any person who on behalf of the owner, conveys the wild animals with the owner’s written permission. Part 3 Powers of MEC
MEC may direct that wild and exotic animals be hunted or caught 44.
(1)
(2)
The MEC may with the concurrence of the owner of land where wild or exotic animals are found, instruct an Environmental Officer or other person in writing to hunt, catch or remove any specific animal, if the animal —
(a)
is causing damage to livestock, cultivated trees or crops;
(b)
is present in such numbers that grazing is materially damaged;
(c)
is likely to constitute a danger to human life;
(d)
is causing damage to property;
(e)
is wounded or injured;
(f)
should be hunted, caught or removed in the interest of nature conservation; or
(g)
is to be caught or removed for the survival of the species.
The Environmental Officer or person instructed in terms of subsection (1) to hunt, catch or remove an animal —
(a)
may enter upon any land to hunt, catch or remove the animal; and
(b)
must deal with the carcass or with the caught animal as indicated in the written instruction.
Exemption of enclosed land from provisions of this Chapter 45.
(1)
The MEC may on written application by the owner of enclosed land exempt the owner and any other person indicated by the owner in the application, from any or all of the provisions of this Chapter, excluding section 31(l)(f).
(2)
For the purposes of subsection (1) “enclosed land” means land which is enclosed in such a way that—
(3)
(a)
the specially protected wild animals, protected wild animals and game found on that land are confined to that land; and
(b)
those outside that land are excluded from entering that land.
The holder of an exemption issued in terms of subsection (1), may subject to any conditions contained in the exemption, grant permission in writing to any other person to — (a)
hunt or catch the species of live wild animals specified in the exemption on the land in respect of which the exemption was issued;
(b)
sell such dead or live animals;
(c)
convey such dead or live animals from that land to a destination indicated in the written permission;
(d)
convey live wild animals to that land; or
(e)
assist with the hunting, catching or conveyance of the animals.
Establishment of Wildlife Councils 46.
(1)
The MEC may by notice in the Provincial Gazette, establish a Wildlife Council in the area of a Traditional Authority after consultation with the Traditional Authority and the community living in the area.
(2)
A Wildlife Council must perform the prescribed functions.
Powers of MEC 47.
The MEC may – (a)
take steps that may be necessary or expedient — (i)
to breed or preserve any species of wild or exotic animal or to promote or facilitate research in this regard;
(ii)
to destroy, reduce, remove or eliminate, either generally or in a particular area, any species of wild or exotic animal which may be harmful or detrimental to the existence of any other species of wild or exotic animal; or
(iii) to import into the Province and acclimatise any species of wild or exotic animal; (b)
institute any survey or investigation in connection with any wild or exotic animal;
(c)
take steps that may be necessary or expedient to catch, purchase or otherwise acquire, or sell, exchange, donate or otherwise dispose of, any wild or exotic animal; or
(d)
on approval of a project proposal, authorize any person in writing to do research on any wild or exotic animal.
Regulations 48.
The MEC may for the purposes of this Chapter make regulations in terms of section 122 relating to — (a)
the requirements that must be complied with by a wildlife trans-locator before a permit referred to in section 35(1) may be issued to the wildlife trans-locator;
(b)
the registers, records, books or documents required to be kept by a wildlife translocator, and the inspection of such registers, records, books or documents;
(c)
the control and regulation of the hunting or catching of wild or exotic animals;
(d)
the taking, disturbing, destruction or collection of the egg or egg shell of a bird or reptile to which this Chapter applies;
(e)
the sale of a wild or exotic animals;
(f)
the import into or the export or removal from the Province of a wild or exotic animal;
(g)
the possession, keeping, conveyance or removal of a wild or exotic animal;
(h)
the requirements to be complied with when any person has wounded a wild or exotic animal;
(i)
the type or calibre of firearm with which any person may hunt a wild or exotic animal, or category of wild or exotic animal;
(j)
the poisoning of wild or exotic animals;
(k)
the acquisition or transfer of hunting-rights; (1)
bow hunting;
(m) the marking of individual wild or exotic animals for identification purposes;
(n)
Wildlife Councils, including matters relating to — (i)
the management and utilisation of wild and exotic animals in the area of a Wildlife Council;
(ii)
the functions and powers, duties, rights and privileges of Wildlife Councils;
(iii) the appropriate method for the equitable distribution of the benefits derived from the utilisation of wild and exotic animals in the area of a Wildlife Council to the community living in the area; (iv) the constitution of Wildlife Councils and the establishment and management of the funds of Wildlife Councils; (v)
the representation of the community on Wildlife Councils;
(vi) the form on and the manner in which an application for the establishment of a Wildlife Council must be submitted and the information to be contained therein; (vii) any other matter necessary or expedient in relation to an application for or the establishment of a Wildlife Council; (o)
any other matter that may be necessary to facilitate the effective implementation of this Chapter.
CHAPTER 5 PROFESSIONAL HUNTING Professional hunters, hunting-outfitters, directors of professional hunting schools and taxidermists 49.
(2)
(1)
No person may without a permit act as — (a)
a professional hunter;
(b)
a hunting-outfitter, or
(c)
a director of a professional hunting school.
No person may without a permit establish and operate a taxidermy.
Hunting of wild and exotic animals by clients 50.
(1). A client may hunt a wild or exotic animal only — (a)
if the hunt has been organised by a hunting-outfitter; and
(b)
under the supervision of a professional hunter.
(2)
(3)
(4)
A hunting-outfitter and professional hunter — (a)
must ensure that the client hunts in accordance with this Act; and
(b)
may give the client any lawful instruction which the client must obey at all times.
A hunting-outfitter and professional hunter must without delay report any act committed by a client in breach of a provision of this Act to the nearest(a)
office of the Environmental Management Authority; or
(b)
Police Station.
A hunting outfitter and professional hunter may not present or conduct a hunt with a client under false pretensions.
Hunting-outfitters to be holders of hunting-rights 51.
(1)
(2)
A hunting-outfitter may not present, advertise, organise or conduct the hunting of a wild or exotic animal for a client, unless the hunting-outfitter — (a)
is the holder of hunting-rights on the land on which the hunting is presented, advertised, organised or conducted; or
(b)
is authorised by the MEC in writing, to present a hunt of specific wild or exotic animals.
A professional hunter may not escort a client on a hunt unless the hunting outfitter is the holder of the hunting rights and shall at all times carry a copy of such hunting rights on such holder of hunting rights.
Professional hunting schools 52.
The MEC may appoint such number of persons, as the MEC may deem expedient or necessary as directors of professional hunting schools to conduct these schools, and advise the MEC on the performance of an applicant in relation to the prescribed curriculum.
Regulations 53.
The MEC may for the purposes of this Chapter make regulations in terms of section 122 relating to — (a)
the requirements that must be complied with by a professional hunter, huntingoutfitter, director of a professional hunting school or taxidermists before a permit referred to in section 49 may be issued to the professional hunter, huntingoutfitter, director of a professional hunting school or taxidermist;
(b)
the curriculum and other requirements to be complied with by professional hunting schools or directors of such schools;
(c)
the exportation or removal from the Province of a hunted wild or exotic animal;
(d)
the requirements to be complied with when a client has wounded a wild or exotic animal;
(e)
the type and calibre of firearm with which any wild or exotic animal may be hunted;
(f)
the registers, records, books or documents required to be kept by professional hunters, hunting-outfitters, directors of professional hunting schools and taxidermists, and the inspection of such registers, records, books or documents;
(g)
the supervision of hunting by a client, services and conveniences, agreements between a hunting-outfitter and a client, advertising to act as a hunting-outfitter, obtaining of licences, permits, exemption from the qualifying requirements to be complied with, documents and written permissions for a client and dispatching of trophies;
(h)
the control and conducting of professional hunting schools; and
(i)
any other matter that may be necessary to facilitate the effective implementation of this Chapter.
CHAPTER 6 AQUATIC BIOTA AND AQUATIC SYSTEMS Catching of fish 54.
(1)
No person may without a permit (a)
catch fish in any aquatic system otherwise than by means of angling;
(b)
place in any aquatic system any obstruction preventing the free passage of fish;
(c)
drain or partially drain or attempt to drain any aquatic system in order to catch or kill fish in any manner whatsoever;
(d)
catch fish during a closed season in an aquatic system specified in a notice issued in terms of section 56;
(e)
wilfully damage, disturb or destroy the ova or spawn of fish or the spawning bed, bank or shallow where the spawn of fish is deposited;
(f)
while angling, employ a method to hook fish on any part other than in the mouth;
(g)
angle with — (i)
more than two lines;
(ii)
a line to which more than two single hooks are attached with natural bait; or
(iii) a line to which more than one artificial lure or spoon is attached; (h)
catch fish with a set line;
(2)
(i)
catch, stun or kill fish by means of any explosive or electrical device;
(j)
wilfully poison fish by any means or method;
(k)
make a feeding area in waters by placing any animal matter, vegetable matter or other substance therein to lure fish; or
(l)
angle in a Provincial Park, a Site of Ecological Importance or a Protected Natural Environment.
Subsection (l)(a) to (d), (f) to (h) and (1) does not apply to the following persons with respect to an aquatic system that has been artificially created and that is totally surrounded by – (a)
the owner of such land;
(b)
a family member of the owner;
(c)
an employee in the full time service of the owner acting on the written instruction or with the written permission of the owner; and
(d)
any other person acting with the written permission of the owner.
Possession of fishnets, fish traps or similar devices 55.
(1)
No person may on land on which an aquatic system occurs, be in possession of a fishnet, a fish trap or a similar device designed for the catching of fish, without the written permission of the owner of the land.
(2)
Subsection (1) does not prohibit the possession on land on which an aquatic system occurs, of a landing net or keep-net designed for the purpose of landing or keeping fish.
Closed season for angling 56.
The MEC may, by notice in the Provincial Gazette, declare a period of the year to be a closed season during which angling in the aquatic system specified in the notice is prohibited.
Protection of aquatic systems 57.
(1)
No person may without a permit — (a)
establish or operate an aquaculture;
(b)
place or release live aquatic biota in any aquatic system except aquatic biota released alive by the person who had caught it in the same waters where it had been caught;
(c)
import into, convey in the Province, buy, sell, donate, receive as a gift, live aquatic biota excluding such species referred to in the list published by the MEC by notice in the Provincial Gazette from time to time;
(d)
possess, sell, purchase, donate or receive as a gift, import into the Province, convey, cultivate or place in waters an aquatic growth referred to in Schedule 9;
(e)
place in water a floating object which — (i)
constitutes or is likely to constitute a danger — (aa) to a boat, float or similar vessel; (bb) to any person practising sport; or (cc) to any person who angles in an aquatic system in which the object has been placed;
(ii)
(2)
serves as a marker indicating the place where there is any object, substance, agent or product under the water which lures or is likely to lure fish;
(f)
catch any aquatic biota in any aquatic system in a Provincial Park, a Site of Ecological Importance or a Protected Natural Environment; or
(g)
catch any aquatic biota in an aquatic system in a Protected Natural Environment or Resource use area, excluding fish caught by angling with the written permission of the owner of the land on which the aquatic system occurs.
No person may without a permit in terms of this Act or other document issued in terms of any other relevant legislation, convey through the Province — (a)
live aquatic biota excluding those species referred to in the list published by the MEC by notice in the Provincial Gazette from time to time; or
(b)
aquatic growth referred to in Schedule 9.
Pollution of aquatic systems 58.
No person may —. (a)
deposit into an aquatic system any solid, liquid or gaseous substance or thing which may injure, damage or kill, or in any way be harmful to, aquatic biota
(b)
cause or allow such substance or thing to enter or percolate into an aquatic system; or
(c)
carry on a business or occupation which may result in any such substance or thing entering or percolating into an aquatic system, without taking adequate precautions to prevent such substance or thing from entering or percolating into that aquatic system.
Powers of MEC 59.
The MEC may— (a)
take steps that may be necessary or expedient for —
(i)
research in connection with any matter dealt with in this Chapter, or
(ii)
the propagation, control or of any aquatic biota or aquatic growth;
(b)
take steps in connection with the catching, collection, destruction, reduction, removal, elimination, either generally or in a particular area, of any matter referred to in this Chapter that may be harmful to any aquatic biota
(c)
conduct any survey or institute any investigation regarding any matter referred to in this Chapter;
(d)
purchase, sell or exchange any aquatic biota;
(e)
take steps to develop and control land for the promotion of this Chapter in collaboration with any other public or private body; or
(f)
on approval of a project proposal, authorise any person or body in writing to do research on any aquatic biota.
Regulations 60.
The MEC may i~ terms of section 122 make regulations for the purposes of this Chapter relating to — (a)
the measurements, mass and size of aquatic biota that may be caught and retained;
(b)
the control and regulation of the catching of fish;
(c)
the taking, disturbing, destruction or collection of ova or spawn of fish;
(d)
the sale of aquatic biota or aquatic growths;
(e)
the import into or the export or removal from the Province of aquatic biota or aquatic growths;
(f)
the possession or keeping of aquatic biota, or the conveyance or removal of aquatic biota from one place to another;
(g)
the poisoning of aquatic biota;
(h)
the supervision, control, development and protection of aquatic systems;
(i)
the quantity, nature, measurements, form and construction of— (i)
fishing tackle, either generally or in relation to a particular species of fish; or
(ii)
any other equipment used for the catching of aquatic biota;
(j)
the control, import into the Province, cultivation, destruction or combating of a plant that is or could be harmful to aquatic biota;
(k)
research regarding aquatic biota; and
(l)
any other matter that may be necessary to facilitate the effective implementation of this Chapter.
CHAPTER 7 INVERTEBRATES Prohibited acts 61.
(1)
(2)
No person may without a permit — (a)
collect, catch, kill, keep, convey, purchase, sell, donate or receive as a gift, import into or export or remove from the Province, any invertebrate referred to in paragraph (a) of Schedule 10;
(b)
collect, catch, keep, convey or kill, for the purpose of collection, any invertebrate in an area referred to in paragraph (b) of Schedule 10;
(c)
import into, or convey in or through, the Province, any exotic invertebrate for entomology, commercial or collection purposes;
(d)
collect, catch, keep or import into, convey in or through, or export or remove from, the Province any other invertebrate not referred to in paragraph (a) of Schedule 10 for entomology, commercial or collection purposes; or
(e)
collect, catch or kill any invertebrate in a Provincial Park or Site of Ecological Importance.
No person may without a permit in terms of this Act or other document issued in terms of any other relevant legislation, convey any invertebrate referred to in paragraph (a) of Schedule 10 through the Province.
Powers of MEC 62.
The MEC may — (a)
take steps that may be necessary or expedient for research in connection with, or the propagation or preservation of any invertebrate;
(b)
take steps in connection with the importation, acclimatisation, catching, destruction, reduction, removal or elimination, either generally or in a particular area, of any invertebrate;
(c)
on approval of a project proposal, institute any survey or investigation in connection with any invertebrate; or
(d)
take steps to develop and control land for the conservation of any invertebrate in collaboration with any other public or private body.
Regulations 63.
The MEC may in terms of section 122 make regulations for the purposes of this Chapter relating to— (a)
the species, number and sex of invertebrates that may be caught;
(b)
the control and regulation of the catching, collecting, possession, keeping
(c)
the regulation of the purchase, sale or exchange of an invertebrate;
(d)
the taking, disturbing, destruction or collection of the eggs, larvae or pupa of an invertebrate;
(e)
the sale or trade of an invertebrate;
(f)
the poisoning of an invertebrate;
(g)
research in connection with an invertebrate; and
(h)
any other matter that may be necessary to facilitate the effective implementation of this Chapter.
CHAPTER 8 INDIGENOUS PLANTS Protection of indigenous plants 64.
(1)
No person may without a permit — (a)
(b)
pick, be in possession o1 sell, purchase, donate, receive as a gift, import into, export or remove from the Province, or convey — (i)
a specially protected plant; or
(ii)
a protected plant; or
pick any indigenous plant — (i)
on a public road;
(ii)
on land next to a public road within a distance of 100 meters measured from the centre of the road;
(iii) within an area bordering any natural water course, whether wet or dry, up to and Within a distance of 50 meters from the high watermark on either side of the natural water course; or (iv) in a Provincial Park, a Site of Ecological Importance or a Protected Natural Environment.
(2)
No person may without a permit in terms of this Act or other document issued in terms of other relevant legislation convey through the Province(a)
any specially protected plant; or
(b)
protected plant.
(3)
No person may on land of which that person is not the owner, pick any indigenous plant without the owner’s written permission.
(4)
The provisions of— (a)
subsection (1)(a)(i) or (ii), in so far as it prohibits the possession of a specially protected plant or a protected plant, do not apply to a person who is in possession of a specially protected plant or a protected plant which grows in its natural habitat and which was not planted by human hands;
(b)
subsection (1)(a)(ii), in so far as it prohibits the picking, possession, donation, receiving as a gift or conveyance of a protected plant, do not apply to the flower of a protected plant — (i)
picked by the owner of the land on which the plant grows;
(ii)
picked on that land by a family member of the owner; or
(iii) picked on that land by a person acting with the written permission of the owner; (c)
subsection (1)(a)(ii), in so far as it prohibits the possession, donation, receiving as a gift or conveyance of a protected plant, do not apply to a protected plant cultivated on land set aside solely for the cultivation of such protected plant;
(d)
subsection (l)(a)(ii), in so far as it prohibits the import into or export or removal from the Province, purchase, possession or conveyance of a protected plant, do not apply to a protected plant —
(e)
(f)
(i)
lawfully bought or received as a gift from a person in another province; or
(ii)
lawfully bought or received as a gift from a person within the Province;
subsection (1)(a)(ii), in so far as it prohibits the possession, sale or donation or the export or removal from the Province of a protected plant, do not apply to a protected plant (i)
acquired lawfully and sold or donated, exported or removed from the Province, by a person authorised to sell plants in terms of Schedule 2 of the Business Act, 1991 (Act No. 71 of 1991); or
(ii)
sold or donated, exported or removed from the Province, by a Botanical Garden which is subject to the provisions of the Cultural Institutions Act, 1998 (Act No. 119 of 1998); and
subsection (2) does not apply
(5)
(i)
to the collection of a head load of firewood on communal land, except on communal land included in a Site of Ecological Importance or a Protected Natural Environment; or
(ii)
to the collection of firewood in a Protected Natural Environment, by the owner of the land, or another person acting with the written permission of the owner.
A person importing into or exporting or removing from, the Province or conveying a protected plant may rely on any of the exemptions granted in terms of subsection (4), only if that person can produce documentary proof indicating that possession or acquisition of the protected plant was lawful.
Exemption of nurseries 65.
(1)
The MEC may on written application by the owner of a nursery registered in terms of the provisions of the Plant Improvement Act, 1976 (Act No. 53 of 1976), exempt the nursery in writing from the application of all or any of the provisions of this Chapter.
(2)
A nursery exempted in terms of subsection (1) may in accordance with the terms and conditions of the exemption, sell, donate, convey, export or remove from the Province, or grant written permission to any other person to donate or convey, or to export or remove from the Province, any species of protected plant cultivated on the premises of the nursery and specified in the exemption.
(3)
A written permission referred to in subsection (2) must be issued in the name of the nursery and may only be signed by a person authorised in the written exemption.
(4)
The holder of a written permission granted in terms of subsection (2) may in accordance with the terms and conditions of the written permission, sell, donate, convey, export or remove from the Province a protected plant acquired from the nursery and specified in the written permission.
Powers of MEC 66.
(1)
The MEC may— (a)
take steps that may be necessary or expedient for research regarding the propagation, preservation or control of weed or invader plants;
(b)
take steps for the importation, acclimatization, picking, destruction, reduction, removal or elimination of any species of plant;
(c)
on approval of a project proposal, institute any survey or investigation in connection with any plant referred to in this Chapter;
(d)
take steps necessary for the identification of any specially protected plant; or
(e)
take steps to develop and control land for the purposes of this Chapter in collaboration with any other public or private body.
Regulations 67.
The MEC may in terms of section 122 make regulations for the purposes of this Chapter relating to — (a)
the number and species of plants that may be picked in terms of a permit or exemption;
(b)
the control, possession, keeping, convey in, convey through, import into or export or removal from the Province of a plant referred to in this Chapter, including the marking of individual plants for identification;
(c)
the control, importation, cultivation, destruction or combating of a plant that could be harmful to environmental conservation;
(d)
research in connection with any plant referred to in this Chapter;
(e)
the collecting of wood, including firewood, on any land; or
(f)
any other matter that may be necessary to facilitate the effective implementation of this Chapter.
CHAPTER 9 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA Application of this Chapter 68.
This Chapter applies to — (a)
the species of fauna and flora listed in — (i)
Appendix I to CITES as an endangered species;
(ii)
Appendix II to CITES as a rare species; and
(iii) Appendix III to CITES as an indeterminate species; and (b)
fauna and flora consisting of any readily recognisable part or derivative of any such listed species,
as published by the MEC by notice in the Provincial Gazette from time to time. Prohibited acts 69.
(1)
No person may without a CITES permit — (a)
import or bring into the Province from a foreign country fauna and flora to which this Chapter applies;
(b)
export or remove from the Province to a foreign country fauna and flora to which this Chapter applies;
(2)
(c)
convey through the Province to another province or a foreign country fauna and flora to which this Chapter applies if that fauna and flora were imported from a foreign country; or
(d)
convey through the Province to a foreign country fauna and flora to which this Chapter applies if that fauna and flora were imported or brought from another province.
Subsection (1) does not apply to the importing or exporting between the provinces of fauna and flora to which this Chapter applies.
CHAPTER 10 PRESERVATION OF CAVES AND CAVE-FORMATIONS Prohibited acts 70.
(1)
No person may without a permit — (a)
enter or inhabit a cave; or
(b)
remove from a cave, be in possession of, dispose of by way of a sale, exchange or receive as a gift, give as a gift, import or bring into, or export or remove from the Province, or convey — (i)
a cave-formation;
(ii)
wild fauna and flora or any other natural matter found in a cave; or
(iii) any readily recognisable part or derivative of a cave-formation or such fauna and flora or other natural matter. (2)
No person may – (a)
deposit, dump or drain any refuse, waste, substance or thing, whether solid, liquid, gaseous or explosive, into a cave or near a cave or near a cave entrance, or cause or allow it to enter or percolate into a cave;
(b)
disturb or alter the natural atmosphere of a cave in any manner, including by way of burning any matter which emits smoke or gas in the cave;
(c)
leave any container, rope, clothing, battery, candle, wax, food or any other object in a cave;
(d)
take an aerosol container or other container containing poison, paint, dye or other colouring agent into a cave;
(e)
break open, break, remove or in any other manner tamper with an obstruction or structure erected to prevent unauthorised entry into a cave or any part thereof; or
(f)
break, break-oft crack or in any other manner destroy, damage, mutilate or spoil a cave-formation in a cave or engrave, paint, write or in any other manner make a mark therein or thereon.
Entry or admission to caves 71.
(1)
(2)
The MEC may by notice in the Provincial Gazette — (a)
allow the commercialisation or development of a cave specified in the notice for tourism purposes;
(b)
limit the entry or admission of visitors to a cave specified in the notice; or
(c)
close a cave specified in the notice entirely or partially to visitors or any category of persons specified in the notice.
Before publishing any notice in terms of subsection (1), the MEC must publish the draft notice in the Provincial Gazette for public comment.
Powers of MEC 72.
The MEC may(a)
take steps to develop and control any cave in collaboration with any other public or private body;
(b)
take steps necessary or expedient for research with regard to caves and caveformations and the preservation of caves and cave-formations;
(c)
conduct any survey or investigation in connection with any cave or caveformation; or
(d)
collect and publish statistics and information regarding caves and caveformations.
Regulations 73.
(1)
The MEC may in terms of section 122 make regulations for the purposes of this Chapter relating to — (a)
the activities in caves and the taking, disturbing or collection of cave-formations;
(b)
the sale of or trading in cave-formations;
(c)
the possession or keeping, or the conveyance in or through, the import into or the export or removal from, the Province of cave-formations;
(d)
the research in connection with caves and cave-formations; or
(e)
any other matter that may be necessary to facilitate the effective implementation of this Chapter.
CHAPTER 11 LIMITED DEVELOPMENT AREAS Declaration 74.
The MEC may, by notice in the Provincial Gazette — (a)
declare an area specified in the notice a limited development area under a name allocated to it in the notice;
(b)
prohibit in a limited development area any development or activity specified in the notice; or
(c)
amend or withdraw any notice issued in terms of this section.
Notice to be given 75.
(1)
(2)
(3)
Before an area is declared a limited development area or a notice issued in terms of section 74 is amended or withdrawn, the MEC must — (a)
give notice in the Provincial Gazette and in at least one newspaper distributed provincially, of the intention to declare the area or to amend or withdraw the notice; and
(b)
send a copy of the notice by registered post to the last known postal address of every owner whose land will directly be affected by the declaration or by the amendment or withdrawal of the notice.
The notice must — (a)
invite interested persons to submit to the MEC written representations on or objections to the proposed declaration, or amendment or withdrawal of the notice, within 60 days from the date of publication of the notice; and
(b)
contain sufficient information to enable interested persons to submit meaningful representations or objections, and must include a clear indication of the area that will be affected.
The MEC must give due consideration to all representations or objections received before declaring an area a limited development area.
Prohibited Acts 76.
No person may in a limited development area undertake any development or perform any activity prohibited in a notice in terms of section 74(b), without the written permission of the MEC or the municipality in which the area falls, or otherwise than in accordance with the conditions on which the written permission was granted.
Environmental Impact Reports 77.
(1)
Before considering an application for permission in terms of section 76, the MEC or the municipality concerned may request the applicant to submit a report concerning the
impact of the proposed development or activity on the environment in the limited development area. (2)
An environmental impact report must contain, but is not limited to — (a)
a description of the proposed or any alternative development or activity;
(b)
an identification of the physical environment that may be affected by the proposed or any alternative development or activity;
(c)
an estimation of the nature and extent of the impact of the proposed or any alternative development or activity on the land, air, water, biota and other elements or features of the natural and man-made environment;
(d)
an identification of the economic and social interests that may be affected by the proposed or any alternative development or activity;
(e)
an estimation of the nature and extent of the impact of the proposed or any alternative development or activity on social and economic interests;
(f)
particulars of the design or management principles proposed to minimise adverse environmental effects;
(g)
particulars of the procedure that will be followed to substantiate the estimations of the environmental impact — (i)
in the course of undertaking or performing the proposed or any alternative development or activity; and
(ii)
after the proposed or any alternative development or activity has been completed;
(h)
particulars of any preventative or additional actions that will be taken if the estimations of the environmental impact are not met;
(i)
any other matter that may be prescribed; and
(j)
a concise summary of the salient features of the environmental impact report.
Compensation for loss 78.
(1)
If a notice issued in terms of section 74 has the effect of diminishing the value of land in a limited development area, the owner of the land may recover compensation from the MEC in respect of actual loss suffered.
(2)
The amount so recoverable must be determined by agreement between the owner and the MEC, acting with the concurrence of the Member of the Executive Council responsible for finance in the Province.
(3)
In the absence of such agreement the amount must be determined by arbitration, unless the Expropriation Act, 1975 (Act No. 63 of 1975), is applied.
(4)
No compensation may be paid in terms of this section unless the person claiming compensation applies to the MEC in the prescribed manner and on the prescribed form.
Regulations 79.
The MEC. may in terms of section 122 make regulations for the purposes of this Chapter relating to — (a)
the procedure to be followed when applying for permission .to undertake development or perform activities in a Limited Development Area declared in terms of section 74;
(b)
the repair of damage to the environment caused by unauthorised development or activities;
(c)
the powers of an Environmental Officer, municipality or government institution to direct a person contravening a provision of this Chapter to –
(d)
(i)
repair any damage to the environment which that person has unlawfully caused; or
(ii)
cease any unlawful development or activity;
any other matter that may be necessary to facilitate the effective implementation of this Chapter.
CHAPTER 12 MOUNTAIN CATCHMENT AREAS Declaration 80.
The MEC may by notice in the Provincial Gazette — (a)
declare an area specified in the notice a mountain catchment area; or
(b)
amend or withdraw a notice issued in terms of paragraph (a).
Beacons 81.
(1)
In order to physically identify an area declared or to be declared a mountain catchment area, the MEC may direct that beacons are erected at places designated by the MEC along the border of the area.
(2)
A certificate purporting to be signed by an Environmental Officer and stating that a beacon which has been erected in terms of subsection (1), complies with regulations made in terms of section 88 and has been erected at a place designated by the MEC, may on its mere production in any civil or criminal proceedings be taken into account as evidence that the beacon complies with the regulations and has been erected at the designated place.
Fire protection plans 82.
‘The MEC may by notice in the Provincial Gazette — (a)
establish a fire protection plan for a mountain catchment area or any part of such area; or
(b)
amend or withdraw a notice issued in terms of paragraph (a).
Contents of fire protection plans 83.
A fire protection plan must — (a)
specify the area to which it applies;
(b)
state the scope, objectives and commencement of the plan;
(c)
establish a fire protection committee for the area to implement the fire protection plan;
(d)
determine the functions, powers and duties of the fire protection committee; and
(e)
contain provisions aimed at controlling veld and forest fires in the area, including— (i)
the regulation or prohibition of veld burning; and
(ii)
the prevention and extinguishing of veld and forest fires.
Notice to be given of all fire protection plans 84.
(1)
(2)
(3)
Before a fire protection plan is established for an area, or a fire protection plan is amended or withdrawn, the MEC must (a)
give notice in the Provincial Gazette and in at least one newspaper distributed in the area, of the intention to establish, amend or withdraw a fire protection plan; and
(b)
send a copy of the notice by registered post to the last known postal address of every owner whose land will directly be affected by the establishment, amendment or withdrawal.
The notice must — (a)
invite members of the public to submit to the MEC written representations on or objections to the proposed establishment, amendment or withdrawal of the fire protection plan within 30 days from the date of publication of the notice; and
(b)
contain sufficient information to enable members of the public to submit meaningful representations or objections, and must include a clear indication of the area that will be affected.
The MEC must give due consideration to all representations or objections received.
Legal status of fire protection plans 85.
A fire protection plan binds all owners of land within the area in which the plan applies.
Rendering of financial aid 86.
The MEC may, with the concurrence of the Member of the Executive Council responsible for finance in the Province, from moneys appropriated by the Provincial Legislature, render financial aid by way of grants or otherwise — (a)
to any fire protection committee; or
(b)
to the owner of land in respect of expenses incurred by the owner in compliance’ with any provision of a fire protection plan.
Powers of MEC 87.
The MEC may— (a)
implement any provision of a fire protection plan;
(b)
perform a prescribed act within a mountain catchment area in connection with the conservation, use and management of land within the area, which may include steps aimed at — (i)
the prevention of soil erosion;
(ii)
the protection and treatment of the natural vegetation; or
(iii) the destruction of intruding vegetation; or (c)
perform a prescribed act outside a mountain catchment area but within a distance of five kilometres from the boundary of the area, aimed at the destruction of intruding vegetation.
Regulations 88.
The MEC may In terms of section 122 make regulations for the purposes of this Chapter relating to — (a)
the form and dimensions of beacons referred to in section 81(1) and the manner of their construction, erection, marking for identification, maintenance and repair,
(b)
the conditions subject to which and the rates at which financial aid by way of grants or otherwise may be rendered;
(c)
the conservation, use and management of land Within a mountain catchment area, which may include provisions aimed at (i)
the prevention of soil erosion;
(ii)
the protection and treatment of the natural vegetation; or
(iii) the destruction of intruding vegetation; (d)
the destruction of intruding vegetation outside a mountain catchment area but within a distance of five kilometres from the boundary of the area; or
(e)
any other matter that may be necessary to facilitate the effective implementation of this Chapter.
CHAPTER 13 ENVIRONMENTAL POLLUTION Part 1: Littering Prohibition of littering 89.
No person may discard, dump or leave litter on any land, water surface, street, road or site to which the public has access, except in a container or at a place which has been specially indicated, provided for or set aside for such purpose.
Duties of persons in charge of public places 90.
Every person or authority in charge of or responsible for the maintenance of a place to which the public has access must — (a)
ensure that adequate and suitable containers or facilities for the discarding of litter by the public, are provided at all times; and
(b)
within a reasonable time after litter has been discarded, dumped or left behind at that place, including the pavement adjacent to, or land situated between that place and a street, road or site used by the public to get access to such place, remove the litter.
Regulations 91.
The MEC may in terms of section 122 make regulations relating to — (a)
the nature, design, number, provision and placing of containers for the dumping of litter;
(b)
the nature, design, number, contents and placing of notices in respect of the dumping of litter;
(c)
the removal of litter and the emptying and maintenance of containers for the dumping of litter;
(d)
any other facilities or methods to prevent the dumping of litter, as well as programs for the clearing away of litter;
(e)
the powers and duties of municipalities or government institutions to control and prevent the dumping of litter, or
(f)
any other matter that may be necessary to facilitate the effective implementation of this Part. Part 2: Waste management
Regulations 92.
The MEC may in terms of section 122 make regulations relating to — (a)
the submission of statistics on the quantity and types of waste produced;
(b)
the classification of different types of waste and the handling, storage, transport and disposal of waste;
(c)
the location, planning and design of waste disposal sites;
(d)
control over the management of waste disposal sites, installations and equipment;
(e)
the administration arrangements for the effective disposal of waste;
(f)
the dissemination of information to the public on effective waste disposal; or
(g)
any other matter that may be necessary or expedient for the effective disposal of waste for the protection of the environment. Part 3: Noise, vibration and shock
Regulations 93.
The MEC may in terms of section 122 make regulations relating to — (a)
the definition of noise, vibration and shock;
(b)
the prevention, reduction or elimination of noise, vibration and shock;
(c)
the levels of noise, vibrations and shock which may not be exceeded, either in general or by specified apparatus or machinery or in specified instances or places;
(d)
the type of measuring instrument to be used for the determination of the levels of noise, vibration and shock, and the utilisation and calibration thereof;
(e)
the powers and duties of provincial departments and municipalities to control noise, vibrations and shock; or
(f)
any other matter that may be necessary or expedient for the effective control and combating of noise, vibration and shock.
CHAPTER 14 ENVIRONMENTAL OFFICERS Appointment of Environmental officers 94.
(1)
The Head of the Environmental Management Authority must— (a)
appoint from the staff of the Environmental Management Authority, Environmental officers as may be necessary for the enforcement of this Act; and
(b)
issue a document in the prescribed form certifying that a person has been appointed as an Environment officer.
(2)
An Environmental officer, when acting in terms of this Act, must produce the appointment certificate on demand by a member of the public.
(3)
The Head of the Environmental Management Authority may at any time cancel the appointment of a person as an Environmental officer and withdraw the certificate issued in terms of subsection (1) to the person concerned.
(4)
The Head of the Environmental Management Authority may not appoint a person as an Environmental officer unless that person complies with the prescribed standards.
Appointment of Honorary Environmental officers 95.
(1)
(2)
The Head of the Environmental Management Authority may — (a)
appoint private individuals as Honorary Environmental officers; and
(b)
issue certificates of appointment to these officers.
Section 94(2), (3) and (4) is also applicable to Honorary Environmental officers.
Powers, functions and duties of Environmental officers and Honorary Environmental officers 96.
(1)
An Environmental officer may, in addition to the powers assigned to such an officer in terms of this Act— (a)
(i)
at any time enter upon any land or premises if the officer has reasonable suspicion that a provision of this Act has been breached, and carry out an investigation on that land or premises that may be necessary to establish whether such provision has been breached;
(ii)
subject to prior notification to the landowner where this is possible, enter upon any land for the purpose of performing an act ordered or authorised by the MEC in terms of section 81 or 87, together with such equipment and assistants as are required for the performance of the act;
(iii) enter upon any land or premises at any reasonable time and after reasonable notice to the owner, in order to investigate whether action is necessary to give effect to the provisions of this Act; (b)
(c)
(d)
search any land, premises, building, tent, camping place, vessel or container, if the officer has reasonable suspicion that there is a thing therein or thereon — (i)
which is or has been used for the purpose of or in connection with the commission of an offence in terms of this Act; or
(ii)
which may serve as evidence of the commission or intended commission of such an offence;
at any time, direct the person in charge of a vessel to stop, or use such force as may be reasonable necessary to stop the vessel, if the officer has reasonable suspicion that the vessel contains or conveys a thing — (i)
which is or has been used for the purpose of or in connection with the commission of an offence in terms of this Act; or
(ii)
which may serve as evidence of the commission or intended commission of such an offence;
seize anything which the officer reasonably believes — (i)
is being or has been used for the purpose of or in connection with the commission of an offence in terms of this Act; or
(ii)
may serve as evidence of the commission or intended commission of such an offence;
and must provide a receipt for such seized articles; (e)
at any time question a person who the officer reasonably believes has information relating to a breach of a provision of this Act, and order such person to furnish such information;
(f)
demand the name, address and identification number of any person who — (i)
has committed an offence in terms of this Act;
(ii)
is reasonably suspected of having committed an offence in terms of this Act;
(iii) is reasonably believed to be able to give evidence relating to an offence in terms of this Act; or (iv) is reasonably suspected of having evidence that an offence in terms of this Act has been or is to be committed; (g)
instruct a person who —
(i)
commits an act in contravention of a provision of this Act to cease committing that act immediately or within a specified period; or
(ii)
fails to perform an act required by a provision of this Act, to perform that act immediately or within a specified period;
(iii) has committed an offence, not to remove evidence referred to in the instruction, or to deal with the evidence as instructed; (h)
remove or cause to be removed any snare, trap, gin, net, birdlime, pitfall, capture boma, holding pen, trap cage, set gun, fish-trap, set-line, poison or other device or means which is reasonably believed of being used to hunt or capture a wild or exotic animal or aquatic biota unlawfully, or if it cannot be removed, destroy it or cause it to be destroyed or render it harmless or cause it to be rendered harmless;
(i)
instruct any person who in a protected or reserved area or on land used by the Environmental Management Authority for the purposes of this Act, contravenes or fails to comply with the provisions of this Act or a requirement or condition determined in terms of this Act, to leave such area or land;
(j)
stop a vessel in a protected or reserved area or on land or waters used by the Environmental Management Authority for the purpose of this Act, and inspect it to determine whether it complies with the requirements prescribed or determined in terms of this Act;
(k)
destroy a dog not used in lawful hunting which is pursuing or searching for a wild animal;
(1)
demand from any person required in terms of this Act to keep or carry on that person any register, record, book, document or written permission, to• produce it for inspection;
(m) demand from any person who performs an act, or is reasonably suspected of performing an act, which may not in terms of this Act be performed without a permit, written permission, exemption or other document, to produce such document;
(2)
(n)
in the exercise of a power or the performance of a function or duty in terms of this Act make use of an interpreter or, if necessary, of one or more persons, and such an interpreter or other person is deemed to be an Environmental officer while acting under the control of an Environmental officer, and
(o)
seize any stock or other animal trespassing in a protected or reserved area or on land used by the Environmental Management Authority for the purposes of this Act, and despite the provisions of any legislation relating to pounds, retain that stock or other animal.
An Honorary Environmental officer has the powers, functions and duties conferred upon, assigned to or imposed on an Environmental officer in terms of subsection (1), excluding those referred to in paragraphs (b),(c),(in), and (n).
CHAPTER 15 PERMITS, PERMISSIONS, EXEMPTIONS AND EXCLUSIONS Part 1: Permits Permits to be issued by MEC 97.
The MEC may – (a)
issue any permit required by a provision of this Act; or
(b)
withdraw any such permit if the holder of the permit contravenes or 611s to comply with a condition subject to which the permit was issued.
Application for permits 98.
(1)
Any person may in writing apply to the MEC fur a permit by lodging an application on the prescribed form to any office of the Environmental Management Authority.
(2)
After receiving an application in terms of subsection (1), the MEC may request further information from the applicant before considering the application.
(3)
The MEC may, after considering an application — (a)
refuse the application in writing;
(b)
issue the permit unconditionally; or
(c)
issue the permit subject to any conditions the MEC may consider necessary in the interest of environmental management
(4)
A permit issued in terms of subsection (3)(c) applies to the extent only that any conditions subject to which it was-issued are complied with.
(5)
This section also applies, with the necessary changes as the context may require, to any authority or permission, which may be issued by the MEC or a municipality in terms of this Act. Part 2: Permissions
Permissions to be in writing 99.
A permission which an owner of land may issue in terms of a provision of this Act must be in writing and in the prescribed form.
Permissions to be issued before act is performed 100.
(1)
A written permission which an owner of land may issue in terms of a provision of this Act must be issued by the owner before the act for which the permission is required is performed.
(2)
A permission issued after the performance of the act is invalid.
Conditional permissions 101.
(1)
A written permission which an owner of land may issue in terms of a provision of this Act may be issued subject to any conditions the owner may consider necessary in the interest of environmental management.
(2)
A permission applies to the extent only that conditions imposed in terms of subsection (1) are complied with, and the owner of land who issued the permission must withdraw the permission if the holder of the permission contravenes or fails to comply with a condition of the permission. Part 3: Exemptions
Exemption of specific persons 102.
The MEC may in writing exempt any person from any or all of the provisions of this Act if the exemption can be justified in the interest of environmental management.
Process to apply for exemption 103.
(1)
A person desiring exemption in terms of section 102 from all or any of the provisions of this Act— (a)
may in writing apply to the MEC for such exemption by lodging an application on the prescribed form to any office of the Environmental Management Authority; and
(b)
must furnish reasons in the application why the exemption should be granted.
(2)
After receiving an application in terms of subsection (1), the MEC may request further information from the applicant before considering the application.
(3)
The MEC may, after considering an application, in writing — (a)
refuse to grant the exemption;
(b)
grant the exemption unconditionally; or
(c)
grant the exemption subject to any conditions the MEC may consider necessary in the interest of environmental management, including conditions limiting the scope of the exemption to — (i)
a species or category of wild or exotic animals, aquatic biota, invertebrate or indigenous plants, specified in the exemption; or
(ii) (4)
an area or category of areas specified in the exemption.
An exemption in terms of subsection (3)(c) applies to the extent only that any conditions subject to which the exemption was issued, are complied with.
Review of exemptions 104.
The MEC may at any time review an exemption, and by written notice to the holder of the exemption — (a)
(b)
withdraw the exemption if— (i)
any of the conditions subject to which the exemption was granted are contravened or not complied with; or
(ii)
the exemption can no longer be justified in the interest of environmental management or
delete or amend a condition if it is in the interest of environmental management. Part 4: Exclusions
General exclusions 105.
(1)
The MEC may in the Provincial Gazette — (a)
exclude from any or all of the provisions of this Act in a specified notice — (i)
a category of persons;
(ii)
an area or category of areas;
(iii) a species or category of wild or exotic animals; (iv) a species or category of aquatic biota (v)
an aquatic system or category of aquatic systems;
(vi) a species or category of invertebrate; (vii) a species or category of indigenous plants; or (viii) a cave or category of caves; (b)
amend or withdraw a notice issued in terms of paragraph (a).
(2)
A notice in terms of subsection (1) may be issued only if the exclusion can be justified in the interest of environmental management.
(3)
A notice issued in terms of subsection (1) may impose conditions subject to which the exclusion is granted.
(4)
An exclusion applies to the extent only that conditions imposed in terms of subsection (3) are complied with.
Process 106.
(1)
Before a notice in terms of section 105 is published, amended or withdrawn, the MEC must give notice in the Provincial Gazette and in at least one newspaper distributed in the Province, of the intention to grant, amend or withdraw an exclusion.
(2)
The notice must —
(3)
(a)
invite members of the public to submit to the MEC written representations on or objections to the proposed exclusion, amendment or withdrawal within 30 days from the date of publication of the notice; and
(b)
contain sufficient information to enable members of the public to submit meaningful representations or objections.
The MEC must give due consideration to all representations or objections received. Part 5: General provisions
Expert evidence before permit or exemption is granted 107.
(1)
Before granting a permit or exemption in terms of this Act, the MEC may in writing require the applicant to provide the. MEC, at the applicant’s expense, with expert evidence that the granting of the permit or exemption would not be detrimental to the interests of environmental conservation.
(2)
If after evaluation of the expert evidence, there is doubt that the granting of the permit or exemption may be detrimental to the interests of environmental conservation, the permit or exemption may not be issued.
Permits, permissions, licences and other documents to be carried on person 108.
A person to whom a permit, written permission, exemption or other document was issued in terms of this Act, must carry the document on their person when performing the act for which the document was issued.
CHAPTER 16 DELEGATIONS AND INTERNAL APPEALS Delegations by MEC 109.
The MEC may, in writing, delegate any power or function conferred, entrusted or imposed upon the MEC under this Act, except the power to make regulations and issue notices, to the HOD with or without the authority to delegate further.
Delegations by HOD 110.
The HOD may, in writing, delegate any power or function conferred, entrusted or imposed upon or to the HOD in terms of section 109 to the Head of the Environmental Management Authority, with or without the authority to delegate further.
Appeals to MEC 111.
(1)
Any person who is aggrieved by a decision taken .by a person, other than the MEC, in the performance of a function or the exercise of a power assigned or delegated to that person in terms of this Act, may appeal against the decision to the MEC in the prescribed manner, within the prescribed period and on payment of the prescribed fee.
(2)
The MEC may, after considering an appeal~ confirm, set aside or vary the decision and make such order as may be appropriate in the circumstances, including an order that the prescribed fee paid by the appellant or such part thereof as the MEC may determine, be refunded to the appellant.
CHAPTER 17 OFFENCES, EVIDENCE, PENALTIES AND FORFEITURES General offences 112.
A person is guilty of an offence if that person — (a)
contravenes or fails to comply with any provision of this Act;
(b)
contravenes or fails to comply with a directive issued in terms of this Act, or
(c)
permits or allows any other person to do, or to omit to do, anything which is an offence in terms of paragraph (a) or (b); and
shall upon conviction be liable to a fine or imprisonment or to both such fine and imprisonment. Offences relating to mountain catchment areas 113.
A person is guilty of an offence if that person — (a)
damages, or without the written permission of the Environmental Management Authority, alters any fire belt or any other works constructed in terms of Chapter 12;
(b)
contravenes or fails to comply with any provision of a fire protection plan established in terms of section 82; or
(c)
alters, moves, disturbs, wilfully damages or destroy any beacon erected in terms of section 81(1);
Offences relating to Environmental Advisory Bodies, Environmental officers, and other persons 114.
A person is guilty of an offence if that person — (a)
hinders or interferes with an Environmental or Honorary Environmental officer in the execution of official duties;
(b)
hinders or interferes with an Environmental Advisory Body, or a committee of such a body, or member of such a body or committee, in the execution of official duties;
(c)
falsely professes to be an Environmental officer, the interpreter or assistant of such an officer or an Honorary Environmental officer;
(d)
furnishes false or misleading information when complying with an order, instruction or demand;
(e)
has been stopped in terms of section 96(1)(c) and departs without permission of an Environmental officer; or
(f)
fails to comply with any instruction given in terms of this Act,
and shall upon conviction be liable to a fine or imprisonment or to both such fine and imprisonment. Offences relating to permits, permissions, exemptions and other documents 115.
(1)
(2)
A person who is the holder of a permit, permission, exemption or authority in terms of this Act is guilty of an of1~nce if that person — (a)
performs the act for which the permit, permission, exemption or authority was issued otherwise than in accordance with any conditions subject to which the permit, permission, exemption or authority was issued; or
(b)
permits or allows any other person to do, or to omit to do, anything which is an offence in terms of paragraph (a).
A person is guilty of an offence if that person – (a)
alters any permit, permission, exemption or authority issued in terms of this Act;
(b)
fabricates or forges any document for the purpose of passing it as a permit, permission, exemption or authority issued in terms of this Act;
(c)
passes, uses, alters or has in possession any altered or false document purporting to be a permit, permission, exemption or authority issued in terms of this Act; or
(d)
makes any false statement or report, for the purpose of obtaining the permit, permission, exemption Or authority in terms of this Act.
Evidence 116.
Where in criminal proceedings in terms of this Act — (a)
the question arises whether — (i)
an enclosure is of the nature contemplated in section 31(l)(f)(iv), the mere production at those proceedings of a certificate purporting to have been issued by or on the authority of the MEC declaring that the enclosure is of such nature, is admissible as evidence of that fact;
(ii)
land is fenced in the manner contemplated in section 36, the mere production at those proceedings of a certificate purporting to have been issued by or on the authority of the MEC declaring that the land is so fenced, is admissible as evidence of that fact;
(iii) a particular species of fauna or flora, or a cave formation, is or is not found on any particular land, the mere production at those proceedings of a certificate purporting to have been issued by an Environmental officer, or an expert in the particular field, that a particular species of fauna and flora, or a particular cave formation, is or is not found on that land, is admissible as evidence of that fact; (iv) a particular species of fauna or flora is or is not a mutation, crossbreed, exotic colour variation, improved or genetic variation or any genetically modified specimen, the mere production at those proceedings ‘of a certificate purporting to have been issued by an Environmental officer, or an expert in the particular field, that a particular species of fauna and flora is or is not a mutation, crossbreed, exotic colour variation, improved or genetic variation or any genetically modified specimen, is admissible as evidence of that fact; and (b)
a register, record, book or document kept in terms of this Act, is produced at those proceedings by the person in whose custody it is, any entry in that register, record, book or document made in the exercise of any power or the performance of any function or duty in terms of this Act, is admissible as evidence of the facts recorded therein.
Penalties 117.
(1)
Any person who is convicted of an offence in terms of this Act is liable – (a)
in case of an offence referred to in – (i)
sections 28(1), 31(l)(a), 35(1), and 40(1), 41(1), 41(2), 42(1), 49, 54(1)(i) and (j), 57(1)(a) and(b), 57(2), 58, 61(2), 64(1)(a)(i), 64 (2)(a), 69(1), 70, 76; and
(ii)
section 35(3), 37, 41(1)(a) and (b), 43(1)(a) and 43(2)(a) in relation to specially protected wild animals,
to a fine not exceeding R250 000.00 or to imprisonment for a period not exceeding 15 years or to both such fine and such imprisonment and to a fine not
exceeding 4 times the commercial value of the fauna, flora or cave formation in respect of which the offence was committed. (b)
in case of an offence referred to in (i)
section 31(1)(b), (d), (e), (f) and 31(3), 33, 34(2), 36, 38(1), 39(1) and (3), 50, 51, 54(l)(a), (b), (c) and (e), 57(l)(c), (d), and (f), 61(1), 64(l)(a)(ii) and 64(1 )(b)(iii) and (iv), 64(2)(b), 113 or 115; or
(ii)
section 35(3), 41(1)(a),(b), 43(l)(a), and 43(2)(a), in relation to protected wild animals,
to a fine not exceeding R150 000 or to imprisonment for a period not exceeding 7 years or to both such fine and such imprisonment; and (c)
(2)
in case of any other offence not provided for in paragraph (a) and (b), to a fine, or imprisonment for a period not exceeding 3 years or to both such fine and such imprisonment.
Any person convicted of an offence in terms of section 42(1), 58, 70(1)(a), 70(2)(a) and (b), 76, 89, and section 121 of the Act, and who after such conviction persists in the act or omission which constituted such offence, shall be guilty of a continuing offence and liable on conviction to a fine, or to imprisonment for a period not exceeding 60 days, or to both such fine and such imprisonment in respect of every day on which he or she so persists with such act or omission.
Forfeitures and orders of court 118.
(1)
A court convicting a person of an offence in terms of this Act shall(a)
declare any wild or exotic animal, invertebrate, aquatic biota, indigenous plant, aquatic growth, endangered species, rare species or cave-formation in connection with which the offence was committed;
(b)
declare any weapon, net, article, device or apparatus of any nature whatsoever, used for the purpose of or in connection with the unlawful — (i)
hunting, catching or keeping of a wild or exotic animal, aquatic biota, invertebrate, or an endangered, rare or indeterminate species; or
(ii)
picking of an indigenous plant or cave formation;
to be forfeited to the Environmental Management Authority. (2)
The court convicting any person of an offence in terms of this Act may(a)
declare a vessel or any fishing tackle used for the purpose of or in connection with the commission of the offence, to be forfeited to the Environmental Management Authority.;
(b)
instruct the Environmental Management Authority to destroy or otherwise to dispose of any object forfeited to it in terms of subsection (l);
(3)
(4)
(5)
(c)
cancel any or all of the permits, licences, permissions or exemptions granted or issued to the convicted person in terms of this Act; or
(d)
disqualify the convicted person for a period not exceeding 5 years, from obtaining in terms of this Act — (i)
any specific permit, licence, permission or exemption; or
(ii)
any permit, licence, permission or exemption whatsoever.
A forfeiture in terms of subsection (2)(a) does not affect the rights which a person other than the convicted person may have in the vessel or other thing concerned, if it is proved that the other person — (a)
did not know that the vessel or other thing was used or would be used for the purpose of or in connection with the commission of the offence; or
(b)
could not prevent such use.
The MEC must deal with an object forfeited in terms of an order of the court — (a)
in accordance with the order; or
(b)
in the absence of any specific instructions in the order, in a manner determined by the MEC with the concurrence of The Member of the Executive Council responsible for finance in the Province, except perishable goods which must be destroyed or otherwise disposed of expediently.
A forfeited object may not be destroyed or disposed of until — (a)
any appeal against the conviction which led to the forfeiture has been decided;
(b)
any appeal against or review of the forfeiture order has been decided; or
(c)
the time allowed fur an appeal against the conviction has lapsed,
except for perishable goods which must be disposed of in terms of subsection (4)(b).
CHAPTER 18 GENERAL PROVISIONS General powers of MEC 119.
(1)
The MEC may— (a)
acquire movable or immovable property or a right in or to property for the purposes of the effective implementation of this Act;
(b)
reserve any provincial land or land acquired in terms of paragraph (a) as a reserved area;
(c)
(i)
admit visitors to a protected or reserved area;
(ii)
limit the admission of visitors to a protected or reserved area or part of such an area; or
(iii) close a protected or reserved area, or part of such an area, entirely or partially to visitors; (d)
(2)
determine the fees to be levied for the right — (i)
to enter a protected or reserved area; or
(ii)
to perform any particular act therein or to use any facility therein;
(e)
collect and publish statistics and information in connection with any matter dealt with in this Act;
(f)
render assistance, whether financial or otherwise, to any person or body of persons promoting environmental management in the Province; or
(g)
in general take any steps necessary or expedient to implement this Act effectively.
Steps in terms of subsection (1) which have financial implications for the Province, may be taken only with the concurrence of the Member of the Executive Council responsible for finance in the Province.
Failure by municipalities to perform functions 120.
(1)
(2)
If a municipality fails to perform a function assigned or delegated to it in terms of this Act, the MEC may, after affording the municipality an opportunity to state its case to the MEC (a)
in writing direct the municipality to perform the function within a period specified in the directive; and
(b)
if that municipality fails to comply with the directive, the MEC may perform that function and may authorise any person to take all steps required for that purpose..
Any expenditure incurred by the MEC in terms of subsection (1) may be recovered from the municipality concerned.
Directives to stop, curb, prevent or repair damage to environment 121.
(1)
If the environment is or may be seriously damaged, endangered or detrimentally affected by any person’s unlawful act or omission, the MEC or the municipality concerned may in writing direct that person— (a)
to stop that act or omission; or
(b)
at that person’s own expense, to take steps specified in the directive within a period specified in the directive—
(i)
to eliminate, reduce or prevent the damage, danger or detrimental effect caused to the environment as a result of the act or omission; or
(ii)
to repair any damage caused to the environment as a result of the act or omission.
(2)
If a person to whom a directive in terms of subsection (1) has been issued fails to comply with the directive, the MEC or municipality may take any steps necessary to implement the directive.
(3)
Any expenditure incurred by the MEC or municipality in terms of subsection (2) may be recovered from the person concerned.
Regulations 122.
(1)
The MEC may make regulations relating to — (a)
the matters listed in sections 30, 48, 53, 60, 63, 67, 73, 79, 88, 91,92 or 93;
(b)
any matter that may be prescribed in terms of this Act;
(c)
the management and administration of a protected or reserved area;
(d)
the control of— (i)
the behaviour of any person in a protected or reserved area;
(ii)
animals in such an area;
(iii) the traffic in such an area; (e)
the use of a vessel in a protected or reserved area, including — (i)
the type of vessel that may be used; or
(ii)
the maximum power or the type of engine or machine that may be used to propel a vessel;
(f)
the conditions of entry into a protected or reserved area, including a total or partial ban on such entry by the public or private vessel; and
(g)
the seizure of any live stock or other animals in a protected or reserved area, and the retention and disposal of such live stock or other animals, including the fees and penalties payable by the owner of such live stock or other animals to the Environmental Management Authority for — (i)
the herding, tending or the release of these animals;
(ii)
their dipping, dosing, inoculation or other treatment;
(iii) any damage caused on such land by them; or (iv) any other cost incurred by the Environmental Management Authority in respect of these animals;
(h)
the issuing of permits, permissions, exemptions or other documents in terms of this Act, including — (i)
the form and contents of such permits, permissions, exemptions or other documents;
(ii)
the circumstances in and the conditions on which such permits, permissions, exemptions or other documents may be issued;
(iii) the manner in which application must be made for such permits, exemptions or other documents; and (iv) the fees payable for such permits, exemptions or other documents; or (i)
(2)
any other matter that may be necessary to facilitate the implementation of this Act.
Regulations made in terms of subsection (1) may — (a)
restrict or prohibit any act either absolutely or conditionally;
(b)
apply— (i)
generally throughout the Province or only in a specified area or category of areas;
(ii)
generally to all persons or only a specified category of persons; or
(iii) generally with respect to all fauna and flora or only a specified species of fauna and flora or category of fauna and flora; or (c)
differentiate between — (i)
different areas or categories of areas;
(ii)
persons or categories of persons; or
(iii) species of fauna and flora or categories of species of fauna and flora. (3)
Any regulation relating to the payment of fees to the Province or exemption from the payment of such fees, or which will entail the expenditure of provincial funds, may be made only with the concurrence of the Member of the Executive Council responsible for finance in the Province.
(4)
Any regulations relating to the powers and duties conferred upon municipalities in terms of this Act must be made in consultation with the Member of the Executive Council responsible for local government in the Province.
(5)
Regulations made in terms of subsection (1) may provide that any person who contravenes or fails to comply with a provision thereof is guilty of an offence and liable on conviction to a fine or imprisonment or to both such fine and imprisonment..
(6)
Before publishing any regulations in terms of subsection (1), the MEC must publish the draft regulations in the Provincial Gazette for public comment.
Amendment of Schedules 123.
The MEC may by notice in the Provincial Gazette make amendments to any of the Schedules to this Act.
Provincial government bound by this Act 124.
This Act binds the provincial government.
Limitation of liability 125.
Neither the State nor any other person is liable for any damage or loss caused by— (a)
the exercise of any power or the performance of any duty under this Act; or
(b)
the failure to exercise any power, or perform any function or duty under this Act,
unless the exercise of or the failure to exercise the power, or performance or failure to perform the duty was unlawful, negligent or in bad faith. Repeal of laws and savings 126.
(1)
Subject to the provisions of subsection (2), the legislation specified in Schedule 13 is hereby repealed to the extent set out in the third column thereof.
(2)
Anything done under any provision of legislation repealed by subsection (1) and which could have been done in terms of a provision of this Act must be considered as having been done in terms of the latter provision.
Short title and commencement 127.
(1)
This Act is called the Environmental Management Act, 2002, and takes effect on a date to be fixed by the Premier by proclamation in the Provincial Gazette.
(2)
Different dates may in terms of subsection (1) be determined for different provisions of this Act.
SCHEDULE 1 PROTECTED AREAS COLUMN 1 CATEGORY OF PROTECTED AREA 1. PROVINCIAL PARK
COLUMN 2 CRITERIA TO BE TAKEN INTO ACCOUNT The need in the interest of environmental conservation to – (a)
protect an area because of its natural landscapes, indigenous fauna and flora and biotic communities;
(b)
to propagate scarce and endangered species of fauna and flora; and
(c) 2. SITE OF ECOLOGICAL IMPORTANCE
sustainably utilise the area for scientific, educational and eco-tourism purposes. The need to protect a site because of it’s particular ecological significance by reason of it’s – (a)
indigenous species, ecological communities, general biodiversity;
(b)
natural ecosystems, habitats or landscapes;
(c)
3. PROTECTED NATURAL ENVIRONMENT
features or unique characteristics such as: historic landmarks, natural landscapes, specific species of fauna and flora and biotic communities The need to – (a)
protect an area for the – (i) promotion or preservation of specific ecological processes, natural systems, natural beauty or species of indigenous wildlife; or (ii) preservation of biotic diversity in general;
(b)
allow and support sustainable economic activities in the area; and
(c)
4. RESOURCE USE AREAS
develop and manage the area in the interest of conservation, education and sustained resource utilisation. The need to preserve and manage an area to promote –
(a)
the sustainable utilisation of natural resources by the community living in the area; and
(b)
the conservation of the environment and indigenous wildlife in the area.
SCHEDULE 2 SPECIALLY PROTECTED WILD ANIMALS Mammals
COMMON NAME
SCIENTIFIC NAME
African elephant
Loxodonta africana
Ant bear
Orycteropus afer
Black footed cat
Felis nigripes
Lichtenstein’s hartebeest
Alcelaphus lichtensteinii
Pangolin
Manis temmincki
Red duiker
Cephalophus natalensis
Rhinoceros, Black
Diceros bicomis
Rhinoceros, White
Ceratotherium simum
Roan antelope
Hippotragus equinus
Sharpe’s grysbok
Raphicerus sharpei
Suni
Neotragus moschatus
Wild dog
Lycaon pictus
Birds
COMMON NAME
SCIENTIFIC NAME
Bald ibis
Geronticus calvus
Bateleur
Terathopius ecaudatus
Bat hawk Bittern
Macheirhamphus alcinus Botaurus stellaris
Blue crane
Tefrapteryx paradisea
Blue swallow
Hirundu atrocaerulae
Bustard, Kori
Ardeotis kori
Bustard, Stanley’s
Neotis denhami
Cape vulture
Gyps coprotheres
Crested guinea fowl
Guttera edouardi
Falcon, Peregrine
Falco peregrinus
Falcon, Taita
Falco fasciinucha
Ground hornbill
Bucorvus leadbeateri
Martial eagle
Polemaëtus bellicosus
Parrot, Cape
Poicephalus robustus
Parrot, Grey headed
Poicephalus fuscicollis
Pel’s fishing owl
Scotopelia peli
Saddlebill stork
Ephippiorhynchus senegalensis
Reptiles
COMMON NAME
SCIENTIFIC NAME
Nile crocodile
Crocodylus niloticus
SCHEDULE 3 PROTECTED WILD ANIMALS Mammals
COMMON NAME
SCIENTIFIC NAME
Aardwolf
Proteles cristatus
African civet
Civettictis civetta
African wild cat Buffalo Bushbaby
Felis silvestris lybica Syncerus caffer Galago crassicaudatus
Bushbaby, Lesser Cape clawless otter Cheetah Fox, Bat-eared Fox, Cape Giraffe Hedgehog
Galago senegalensis Aonyx capensis Acinonyx jubatus Otocyon megalotis Vulpes chama Giraffa camelopardalis Atelerix frontalis
Hippopotamus
Hippopotamus amphibius
Honey badger
Mellivora capensis
Hyena, Brown
Parahyaena brunnea
Hyena, Spotted Jameson’s red rock rabbit Klipspringer Leopard Lion Mongoose, Mellers’s Mongoose, Selous Oribi
Crocuta crocuta Pronolagus randensis Oreotragus oreotragus Panthera pardus Panthera leo Rhynchogale melleri Paracynictis selousi selousi Ourebia ourebia
Reedbuck, Common
Redunca arundinum
Reedbuck, Mountain
Redunca fulvorufula
Rhebuck, Grey
Pelea capreolus
Sable antelope
Hippotragus niger
Samango monkey Serval Side-striped Jackal
Cercopithecus mitis Laptailurus serval Canis adustus
Steenbok
Raphicerus campestris
Tsessebe
Damaliscus lunatus
Yellow-spotted rock dassie
Heterohyrax brucei
Birds
Any bird which is a wild animal excluding – i)
a bird which is a specially protected wild animal;
ii)
a bird which is game; and
iii)
the following species:
COMMON NAME
All species of mousebirds Black-eyed bulbul
SCIENTIFIC NAME
Family Coliidae Pycnonotus barbatus
Cape sparrow
Passer melanurus
Crow, Black
Corvus capensis
Crow, Pied Dove, Cape turtle
Corvus albus Streptopelia capicola
Dove, Laughing
Streptopelia senegalensis
Dove, Red-eyed turtle
Streptopelia semitorquata
Ostrich Red-billed quelea Red-winged starling Weaver, Cape Weaver, Masked Weaver, Spotted-backed
Struthio camelus Quelea quelea Onychognathus morio Ploceus capensis Ploceus velatus Ploceus cucullatus
Reptiles and amphibians
COMMON NAME
SCIENTIFIC NAME
Bullfrog
Pyxicephalus adspersus
File snake, Black
Mehelya nyassae
File snake, Cape
Mehelya capensis
Python
Python sebae
All other species of reptiles excluding; water monitor, rock monitor, and all indigenous snakes not listed in this Schedule.
All species of the Class Reptilia; excluding Varanus niloticus, Varanus albigularis and all species of the Sub Order Serpentes, except Phython sebae, Mehelya capemis and Mehylya nyassae.
SCHEDULE 4 GAME Mammals
COMMON NAME
SCIENTIFIC NAME
Blue wildebeest
Connochaetes taurinus
Burchell’s zebra
Equus burchelli
Bushbuck Eland Gemsbok Grey duiker
Tragelaphus scriptus Tragelaphus oryx Oryx gazella Sylvicapra grimmia
Hare, cape
Lepus capensis
Hare, scrub
Lepus saxatilis
Impala Kudu
Aepyceros melampus Tragelaphus strepsiceros
Nyala
Tragelaphus angasi
Red Hartebeest
Alcelaphus buselaphus
Springbok
Antidorcas marsupialis
Waterbuck
Kobus ellipsiprymnus
Birds
COMMON NAME
SCIENTIFIC NAME
Duck, White faced whistling
Dendrocygna viduata
Duck, Yellow billed
Anas undulata
Francolin, Crested
Francolinus sephaena
Francolin, Natal
Francolinus natalensis
Francolin, Red-wing
Francolinus levailantii
Francolin, Shelley’s
Francolinus shellyi
Francolin, Swainson’ s
Pternistis swainsoni
Goose, Egyptian
Alpochen aegyptiacus
Goose, Spur-winged
Plectropterus gambensis
Helmeted guinea fowl
Numida meleagris
Red billed teal
Anas erythrorhyncha
Red knobbed coot
Fulica cristata
Rock pigeon
Columba guinea
SCHEDULE 5 WILD ANIMALS TO WHICH SECTION 31(1)(f) APPLIES
COMMON NAME
Cheetah
SCIENTIFIC NAME
Acinonyx jubatus
Hyena, Brown
Parahyaena brunnea
Hyena, Spotted
Crocuta crocuta
Leopard
Panthera pardus
Lion
Panthera leo
Wild dog
Lycaon pictus
SCHEDULE 6 NON-ENDEMIC WILD ANNALS
COMMON NAME
SCIENTIFIC NAME
Black wildebeest
Connochaetus gnou
Blesbuck
Damaliscus pygargus phillipsi
Blue duiker
Philantomba monticola
Bontebok
Damaliscus pygargus dorcas
Greysbok
Raphicerus melanotis
Mountain zebra
(b)
Equus zebra
All mutations, cross-breeds, improved, exotic colour variations, genetic variations and genetically modified specimens of any wild animal.
SCHEDULE 7 UNDESIRABLE ANIMALS Mammals
SCIENTIFIC NAME
All exotic species of New World rats and mice, hamsters, mole rats, Malagasy rats, maned rats, voles, lemmings and gerbils, excluding the golden hamster.
COMMON NAME
All exotic species of the Family Cricetidae, excluding Mesocricetus duranus
Ferret
Mustela putorius and all subspecies thereof
Nutria
Myocastor coypus
Chukar partridge
Alectoris graeca
Indian house crow
Corvus splendens
Indian mynah
Acridotheres tristis
Mallard duck
Anas platyrhynchus
Reptiles and amphibians
All species of exotic tortoises, turtles and terrapins
All exotic species of the Order Chelonia
All species of iguana
All species of the Family Iguanidae
All exotic species of newts or salamanders, including the Axolotl
All exotic species of the Order Urodela, including Ambystoma mexicanum
SCHEDULE 8 WILD ANIMALS TO WHICH SECTION 41(l)(a) AND (b) APPLIES
(a)
The following:
Mammals
COMMON NAME
SCIENTIFIC NAME
Black-backed jackal
Canis mesomelas
Bushpig
Patomochoerus larvatus
Caracal
Caracal caracal
Chacma baboon Velvet monkey
Papio hamadryas ursinus Chlorocebus aethiops
Birds
(b)
any bird which is a wild animal but which is not a specially protected wild animal, protected wild animal or game, excluding the following:
COMMON NAME
SCIENTIFIC NAME
Ostrich
Struthio camelus
Rosy-faced lovebird (c)
Agapornis roseicollis
and the following:
Reptiles
COMMON NAME
SCIENTIFIC NAME
All species of snakes (excluding species which are protected wild animals)
Sub Order Serpentes, excluding: Python sebae, Mehelya capensis and Mehelya nyassae
Monitor, Rock
Varanus albigularis
Monitor, Water
Varanus niloticus
SCHEDULE 9 PROHIBITED AQUATIC GROWTHS
COMMON NAME
Azolla Kariba weed Parrot’s feather Pond weed Water hyacinth Water lettuce
SCIENTIFIC NAME
Azolla spp Salvinia molesta Myriophyllum aquaticum Egeria densa Eichhornia crassipes Pistia stratiotes
SCHEDULE 10 INVERTEBRATES TO WHICH SECTION 61(l)(a) AND (b) APPLIES
COMMON NAME
(a)
SCIENTIFIC NAME
All species of baboon spiders belonging to the genera referred hereby
Ceratogyrus spp Harpactira spp Pterinocchilus spp
The following Alaena species
Alaena margaritacea
The following Ericssonia Species
Ericssonia acraeina
Lotana blue butterfly
Lepidochrysops lotana
(b)The following areas: The Farms: Argimedes Punt 208 KS, Forest Glens 1085 LS, Fountain Head 1084 LS, La Fleur 907 KS, and Sterkfontein 282 KQ
SCHEDULE 11 SPECIALLY PROTECTED PLANTS
All plants, of all indigenous cycads of the Genus Encephalartos, excluding cultivated seedlings of plants.
SCHEDULE 12 PROTECTED PLANTS
The plants, referred to in this schedule, do not include plants which have been improved by selection or cross-breeding.
Cycads
COMMON NAME
All cultivated seedlings of indigenous cycads
SCIENTIFIC NAME
Encephalartos spp
Trees and shrubs
COMMON NAME
The following Adenia species Baobab Beech Bitter false thorn
The following Boscia species
SCIENTIFIC NAME
Adenia fruticosa simpliciflora Adansonia digitata Faurea macnaughtonii Albizia amara sericocephala
Boscia angustifolia var. corymbosa Boscia foetida minima
Borassus palm
Borassus aethiopicum
Brackenridgea
Brackenridgea zanguebarica
Capper bush
Capparis sepiaria var. subglabra
The following Combretum species
Combretum collinum taborense Combretum padoides Combretum petrophilum Combretum vendae
The following Commiphora species Currant The following elephantorrhiza species The following Grewia species The following Hibiscus species
Commiphora zanzibarica Allophylus ainifolius Elephantorrhiza praetermissa Grewia rogersii Hibiscus articulatus Hibiscus barnardii Hibiscus sabiensis
Large cape myrtle Large-leaved dragon tree Large leaved saucer-berry
Myrsine pillansii Dracaena hookerana Cordia africana
The following Maytenus species
Maytenus oxycarpa Maytenus pubescens
The following Ochna species
Ochna glauca
Pepper-bark tree
Warburgia salutaris
Pincushion
Leucospermum saxosum
The following Rhus species
Rhus batophylla
Sand ironplum
Drypetes mossambicensis
Salad palm
Borassus aethiopicum
Stinkwood, Black
Ocotea bullata
Stinkwood, Transvaal
Ocotea kenyensis
Tamboti
Spirostachys africana
The following tarenna species
Tarenna zygoon
Transvaal red balloon
Erythrophysa transvaalensis
Venda bead-string
Alchornea laxiflora
Wild banana
Ensete ventricosum
Wild teak
Pterocarpus angolensis
Yellowwood, Outeniqua
Podocarpus latifolius
Yellowwood, Real
Podocarpus falcatus
Succulents
COMMON NAME
SCIENTIFIC NAME
All species of aloes indigenous to the Province, excluding the following species: Aloe aculeate Aculeata Aloe, Catstail
Aloe aculeata A. castanea
Aloe, Krans Aloe, Mountain Ammophilla Davyana Fosteri
A. arborescens A. marlothii A. ammophilla A. davyana A. fosteri
Globuligemma
A. globuligemma
Grandidentata
A. grandidentata
Greatheadii Lutescens Mutans
A. greatheadii A lutescens A. mutans
Parvibracteata
A. parvibracteata
Transvaalensis
A. transvaalensis
Wickensii
All species of brachystelma All species of ceropegia All species of duvalia
The following species euphorbias:
A. wickensii
Brachystelma spp Ceropegia spp Duvalia spp
Euphorbia barnardii, E. clivicola, E. grandialata, E. groenewaldii, E. louwii, E. restricta, E. rowlandii, E. tortirama, E. waterbergensis
Ghaap
Hoodia lugardii
All species of ghaap
Tavaresia spp
All species of huernia
Huernia spp
All species of huerniopsis
Huerniopsis spp
The following impala lilies
Adenium multiflorum
Multiflorum en oleifolium
A. olefolium
Kudu lily
Pachypodium saundersii
All species of orbeanthus
Orbeanthus spp
All species of orbeas
Orbea spp
All species of orbeopsis
Orbeopsis spp
All species of pachycymbiums
Pachycymbium spp
All species of riocreuxias
Riocreuxia spp
All species of stapeliads
Stapelia spp
Stone plant
Lithops leslieii
Other plants
COMMON NAME
SCIENTIFIC NAME
The following agapanthus species
Agapanthus coddii, A. dyeri
The following anacampseros species
Anacampseros bemenkampii (now A. rhodesica)
All species of anomatheca The following anthericum species
Anomatheca spp Anthericum cyperaceum
The following arum lilies: Jucunda, pentlandii en rehmannii
Zantedeschia jucunda, Z. pentlandii, Z rehmannii
The following babiana species Batesiana gasteria Blue squill Clivia
Babiana hypogea var. longituba Gasteria batesiana Scilla natalensis Clivia caulescens
The following cyathula species
Cyathula natalensis
The following eragrostis species
Eragrostis arenicola
The following eriosema species
Eriosema transvaalense
The following eulophia species
Eulophia coddii E. leachii
The following felicia species
Felicia fruticosa brevipendunculata
The following frstuca species
Festuca dracomontana
All species of fire lily
Cyrtanthus spp
The following freylinia species
Freylinia tropica
The following gladiolus species
Gladiolus macneilii
The following habernaria species The following heinsia species
Habernaria kraenzliniana Heinsia crinita
The following hermstaedtia species
Hermstaedtia capitata
The following hippocratea species
Hippocratea parvifolia
The following hymenodictyon species
Hymenodictyon parvifolium parvifolium
The following hyptis species
Hyptis spicigera
The following inula species
Inula paniculata
The following jasminum species
Jasminum abyssinbicum
The following kalanchoe species
Kalanchoe crundallii K. rogersii
The following kniphofia species
Kniphofla coralligemma
K. crassifolia K. rigidifolia The following kotschya species
Kotschya thymodora
The following melinus species
Melinus tenuissima
The following mondia species
Mondia whitei
The following monsonia species
Monsonia lanuginosa
The following neobulosia species
Neobulosia tysonii
The following nervillia species
Nervillia umbroza
The following nymphaea species
Nymphaea lotus
The following oberonia species
Oberonia distichia
The following oreosyce species
Oreosyce africana
Paint brush
The following peristrophe species
Haemanthus montanus
Peristrophe cliffordii P. gililandorum P. transvaalensis
The following phyllanthus species The following pilea species The following plinthus species
Phyllanthus pinnatus Pilea rivularis Plinthus rehmannii
The following polycarpea species
Polycarpia eriantha var. effusa
The following polystachya species
Polystachia albescens imbricata
The following portulaca species
Portulaca foliosa P. trianthemoides
The following rhyncosia species
Rhyncosia vendae
Royal paint brush (Blood lily)
Scadoxis puniceus
The following sartidia species
Sartidia jucunda
The following schizagyrium species
Schizagyrium brevifolium
All species of South African orchid
Family Orchidaceae
The following stadmania species
Stadmania oppositifolia
The following streptocarpus species
Streptocarpus decipiens
The following strophanthus species
Strophanthus luteolus
The following sutera species The following thorncroftia species
Sutera maerantha Thorncroftia media
All species of tree ferns
Cyathea spp
All species of tree moss
Porothamnium, Pilotrichella and Papillaria spp
The following trilepisium species
Trilepisium madagascariensis
The following tristachya species
Tristachya trifaria
The following turbina species
Turbina shirensis
The following watsonia species
Watsonia densiflora W. transvaalensis W. wilmsii
Wild ginger
Burmannia madagascariensis
Wild ginger
Siphonochilus aethiopicus
The following xylopia species
Xylopia parviflora
SCHEDULE 13 Laws repealed
Number and year of law Act No. 10 of 1973 Act No. 5 of 1975 Act No. 9 of 1978 Act No. 9 of 1981 Ordinance No. 12 of 1983 Ordinance No. 11 of 1984 Ordinance No. 18 of 1986 Act No. 20 of 1986 Act No. 3 of 1992 Act No. 7 of 1996
Title Lebowa Nature Conservation Act, 1973 Gazankulu Nature Conservation Act, 1975 Lebowa Nature Conservation Amendment Act, 1978 Gazankulu Nature Conservation Amendment Act, 1981 Nature Conservation Ordinance 1983 Nature Conservation Amendment Ordinance, 1984 Nature Conservation Amendment Ordinance, 1986 The Nature Conservation and National Parks Act, 1986 (Venda) Lebowa Nature Conservation Amendment Act, 1992 Northern Province Nature Conservation Amendment Act, 1996
Extent of repeal The whole The whole The whole The whole The whole The whole The whole The whole The whole The whole
